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HomeMy WebLinkAbout20D - AA - SEIU MOUREQUEST FOR"Y`' COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 19, 2019 TITLE: APPROVE AN APPROPRIATION ADJUSTMENT AND APPROVE A MEMORANDUM OF UNDERSTANDING WITH THE FULL-TIME EMPLOYEES' UNIT, SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 721 (SEIU) (STRATEGIC PLAN NO. 7,4 & 6) /s/ Kristine Ridge CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1st Reading ❑ Ordinance on 2"d Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Approve an Appropriation Adjustment transferring $951,141 from General Fund Non - Departmental into the appropriate General Fund Accounting Units. 2. Authorize the City Manager to execute a Memorandum of Understanding (MOU) with the Full -Time Employees' Unit, Service Employees International Union Local 721 (SEIU) for the period of July 1, 2019 through June 30, 2022, regarding wages and other terms and conditions of employment. DISCUSSION The City and the Full -Time Employees' Unit, Service Employees International Union Local 721 (SEIU) recently completed contract negotiations, resulting in a new Memorandum of Understanding (MOU) (Exhibit 2). The provisions of the agreement include: 1. Term: Effective July 1, 2019 through June 30, 2022. 2. Salary: The agreement provides a cost of living adjustment effective in each pay period which includes July 1, 2019, July 1, 2020, and July 1, 2021. Classifications covered by this MOU shall receive a base salary increase of seven (7) salary rate ranges (approximately 3.5%). The initial salary increase will be provided to those employees currently employed as of the date the MOU is adopted by Council and retroactively paid to the pay period including July 1, 2019. Agreement with SEIU 2019-2022 November 19, 2019 Page 2 3. Medical: Effective January 1, 2020, the City shall contribute an additional $50.00 allowance per month towards employee health insurance premiums. Effective January 1, 2021, the City shall contribute an additional $50.00 allowance per month towards employee health insurance premiums. Effective January 1, 2022, the City shall contribute an additional $50.00 allowance per month towards employee health insurance premiums. 4. Dental: Effective January 1, 2020, the City shall contribute an allowance of $100 per month per employee. Effective January 1, 2021, the City shall contribute an allowance of $105 per month per employee. Effective January 1, 2022, the City shall contribute an allowance of $110 per month per employee. 5. Long-term Disability (LID1. Effective January 1, 2020, the City shall increase the level of employer -paid benefit coverage from the current 130-day wait plan at $2,500 maximum benefit to a 60-day wait plan with a $5,000 maximum benefit. 6. Life: Effective January 1, 2020, the City shall increase the employer -paid Group Term Life benefit coverage from $30,000 to $50,000. 7. Holiday Closure: The City and SEIU have agreed to a mandatory City-wide winter holiday closure each year during the term of this MOU and shall sunset on June 30, 2022. This provision expires June 30, 2022, unless mutually agreed otherwise by the parties. 8. Holiday Accrual: The floating holiday provided will be equal to employee's regular shift hours. Employees on a 9/80 schedule shall receive 9 hours of holiday pay/credit for holidays falling on employee's alternating Friday off. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's effort to meet Goal #7 — Team Santa Ana, Objective #4, Establish employee compensation that attracts and retains a highly qualified workforce, objective #5, Create a culture of innovation and efficiency within the organization, objective #6, Provide a positive workplace environment that supports the health of its employees and celebrates its success, and objective #7 Develop a culture of motivated and innovative leaders in the organization. FISCAL IMPACT The non -departmental budget of the General Fund is adequate to support the FY 2019-20 compensation increase. The recommended appropriation adjustment will simply move the existing budget from non -departmental to the appropriate department budgets. The General Fund impact is estimated to be approximately $854,217. In addition, three grant funds will be unable to absorb the costs associated with the increases. Staff is recommending the General Fund absorb the costs Agreement with SEIU 2019-2022 November 19, 2019 Page 3 associated with these grant funds, estimated to be approximately $96,924. The total General Fund impact will be $951,141. For FY 2019-20 the agreement will result in a cost of $1,783,251 for all funds (within the various salary accounts 61000) during fiscal year 2019-20. In addition, the agreement has annual cost (all funds) of $3,907,443 during fiscal year 2020-21, and a cost of $5,763,472 during fiscal year 2021-22 for a total cost to the City of $11,454,166 during the term of the MOU. APPROVED AS TO FUNDS AND ACCOUNTS: Steven V. Pham Kathryn Downs, CPA Executive Director Executive Director Human Resources Department Finance and Management Services Agency Exhibits: 1. Fund Distribution — Accounting Units and Fund Categories 2. SEIU MOU July 1, 2019 through June 30, 2022 0 8,4872,7258,0396,5072,7512,7543,0143,2846,4677,0484,9592,089 72,00418,26262,38583,84411,34628,55550,14434,07119,90224,89946,42140,12242,82049,03559,02227,99115,03714,33544,92238,52112,45596,924 951,141 (951,141) Fiscal Impact Zoo Traffic Library TreasuryPlanning Purchasing Accounting Park Facilities AdministrationAdministrationJail OperationsAdministration Fiscal & Budget Animal Services Field Operations Training ServicesRecords Services Forensic Services Office of the Chief Sanitation Services CDA Administration Permit & Plan Check Information Services Criminal Investigations Accounting Unit Name Economic Development Community Preservation Street Light Maintenance Graffiti Abatement Program Permit & Inspection Services Investigations Support Services General Fund Non-Departmental Recreation & Community ServicesNeighborhood Initiatives Program Traffic & Transportation Engineering Proactive Rental Enforcement Program GENERAL FUND 0110515 0110703101110110011101200111013001111150011132000111322001113230011132500111440001114401011144050111441001114420011144250111443001114435011144550111446001114471011144750111650001116510011165200111653 0011165400111655001116560011176200111763001117642011176430111881001118812 SEIU EXHIBIT 1: FY 2019-20 Additions Subtotal Accounting Unit Number GENERAL FUND NET FISCAL IMPACT Library FinanceFinanceFinance Department Police DepartmentPolice DepartmentPolice DepartmentPolice DepartmentPolice DepartmentPolice DepartmentPolice DepartmentPolice DepartmentPolice DepartmentPolice DepartmentPolice DepartmentPolice Department Clerk of the Council Public Works AgencyPublic Works AgencyPublic Works AgencyPublic Works Agency Parks & Recreation AgencyParks & Recreation AgencyParks & Recreation AgencyParks & Recreation Agency Planning & Building AgencyPlanning & Building AgencyPlanning & Building AgencyPlanning & Building AgencyPlanning & Building AgencyPlanning & Building AgencyPlanning & Building Agency TRANSFER FROM NON-DEPARTMENTAL TO ABOVE-REFERENCED GENERAL FUND ACCOUNTING UNITS General Fund Non-Departmental Community Development AgencyCommunity Development Agency 4,0488,4488,3073,8156,4303,2835,5211,0927,6709,3432,811 14,90839,52640,57975,28538,92461,39039,14333,34734,81811,51719,062 390,215 Fiscal ImpactFiscal Impact Administration Central Services Custodial Services PBA Strategic Plan CDA Strategic Plan Fleet MaintenanceTraffic Engineering Enterprise Systems Design Engineering City Yard Operations PRCSA Strategic Plan Building Maintenance Accounting Unit NameAccounting Unit Name Content & Collaboration Construction Engineering Stores & Property ControlAdministration & Projects Development Engineering Finance Enforcement Services Planning Enforcement ServicesTechnology & Support Services Network & Telecommunications Internal Service Funds General Fund-Set Aside 012101000121601005213018052160180521801807110100073171000731010107517100076171020851713808617611086176120861762010117601101176051092014010920141109201451092014610920148 SEIU EXHIBIT 1: FY 2019-20 Additions Subtotal Accounting Unit NumberAccounting Unit Number FinanceFinance DepartmentDepartment Public Works AgencyPublic Works AgencyPublic Works AgencyPublic Works AgencyPublic Works AgencyPublic Works AgencyPublic Works AgencyPublic Works AgencyPublic Works AgencyPublic Works Agency Information TechnologyInformation TechnologyInformation TechnologyInformation TechnologyInformation Technology Parks & Recreation Agency Planning & Building AgencyPlanning & Building Agency Community Development Agency 524667 2,4251,7074,5767,4475,3064,6281,2863,8103,493 15,36657,90030,86843,08857,61614,41834,98218,84917,95828,34115,68112,57818,85558,594 343,775 1,783,251 Fiscal ImpactFiscal Impact Water Quality Parking Meter Recycled Water HOME program Parking Facilities Successor Agency Roadway CleaningHousing Authority Federal Clean Water Inclusionary Housing Housing Asset Admin Water Meter Services Sanitary Sewer Service Accounting Unit NameAccounting Unit Name Environment/Sanitation Refuse Collection Service Water Admin/Engineering Traffic Signal Maintenance Civic Center Regular Maint. Water System Maintenance Water Production and Supply Regional Transportation Center Community Development Admin Community Development Housing Air Quality Improvement Fund -PBA Enterprise Funds 027101310271013205617640057176400601764006017641060176440601764506017646060176470671765006817640068176410691764002917620031165100741325013018780133187801351878013518782417188206071881067018843 Grants & Other Restricted Funds SEIU EXHIBIT 1: FY 2019-20 Additions SubtotalAdditions Subtotal ADDITIONS GRAND TOTAL Accounting Unit NumberAccounting Unit Number FinanceFinance DepartmentDepartment Parks & Recreation Public Works AgencyPublic Works AgencyPublic Works AgencyPublic Works AgencyPublic Works AgencyPublic Works AgencyPublic Works AgencyPublic Works AgencyPublic Works AgencyPublic Works AgencyPublic Works AgencyPublic Works AgencyPublic Works Agency Planning & Building Agency Community Development AgencyCommunity Development AgencyCommunity Development AgencyCommunity Development AgencyCommunity Development AgencyCommunity Development AgencyCommunity Development Agency EXHIBIT 2 JULY 1, 2019 — JUNE 30, 2022 Iul"alu�7�Zi- OF UNDERSTANDING CITY OF SANTA ANA m FULL-TIME EMPLOYEES UNIT SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 721 2019-2022 MOU City of Santa Ana & SEW Full -Time Employees Unit Page ,/ MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SANTA ANA AND THE' FULL-TIKE, EMPLOYEES UNIT OF SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 721 JULY 1, 2019 — JUNE 30, 2022 Table of Contents ARTICLEI........................................................................................................................ 10 1.0 RECOGNITION.............................................................................I...,.......................... 10 ARTICLEH.. .................................. I ........ I ....................... — ....... I ............. I_- .................... 11 2.0'NON-DISCRIMINATION CLAUSE...............................................................................11 ARTICLEIII..................................................................................................................... 12 3.0 ATTENDANCE, WORKDAY & WORKVi7EEK............................................................. 12 3.1 Attendance.. ........................................ ............ ....................... ................ ....... 12 3.2 Hours of Work....................................................................................................... 12 3.3 Alternate Work Schedules....................................................................................... 12 3.4 Personal Hardship.................................................................................................. 14 3.5 Water Production Meal Breaks................................................................................ 15 ARTICLEIV..................................................................................................................... 16 4.0 SAI.ARIES.................................................................................................................... 16 4.1 Basic Compensation Plan.. ............................................ .................... .................... 16 4.2 Salary Schedule...................................................................................................... 16 4.3 Salaries..................................................................................................................17 4.4 Application of Basic Compensation Plan................................................................. 17 4.5 Probation............................................................................................................... 17 4.6 Beginning Rates.....................................................................................................17 4.7 Service.................................................................................................................. 18 4.8 Advancement within Ranges................................................................................... 18 201.9-2022 MOU City of Santa Ana & SEIU Full -Time Employees Unit Page 2 4.9 Reduction in Salary Steps....................................................................................... 19 4.10 Promotion...........................................................................................................20 4.11 Demotion...........................................................................................................20 4.12 Reallocation of Salary Rate Ranges...................................................................... 20 4.13 Request for Classification Review........................................................................ 21 ARTICLEV.......................................................................................................................23 5.0 ASSIGNMENT & OTHER SPECIAL PAY ADDITIVES ................................................ 23 5.1 Assignment Pay Differential................................................................................... 23 5.2 Lead Pay................................................................................................................ 24 5.3 Bilingual Pay......................................................................................................... 25 5.4 Shift Differential.................................................................................................... 26 5.5 Standby Pay...........................................................................................................27 5.6 Call Back Duty ...................................................... ................................................. 28 5.7 Temporary Upgrade Assignment Pay...................................................................... 28 5.8 Authority for Assignments......................................................................................31 5.9 Career Development Incentives...._ . ......... ........ ­ .... ................ _ .................. ......... 31 5.10 Limitation on Career Development Incentive Pay ................................................. 35 5.11 Court Appearances.............................................................................................. 36 ARTICLEVI.....................................................................................................................38 6.0 OVERTiME..................................................................................................................38 6.1 General Policy for Overtime Work ..........................................................................38 6.2 Definition..............................................................................................................38 6.3 Computation of Forty (40) Hour Workweek............................................................38 6.4 Compensation for Overtime....................................................................................39 6.5 Compensatory Time...............................................................................................39 2019-2022 MOU City of Santa Ana & SEW Full -Time Employees Unit Page 3 �ti� 6.6 No Effect on Other Benefits....................................................................................40 6.7 Overtime Work to be Minimized.............................................................................40 6.8 Overtime Work on a Holiday..................................................................................40 ARTICLEV1F.................................................................................................................... 41 7.0 TRAINING & EDUCATIONAL ASSISTANCE PROGRAM .......................................... 41 7.1 Purpose..................................................................................................................41 7.2 Eligibility...............................................................................................................41 7.3 Reimbursement......................................................................................................42 7.4 Procedures.............................................................................................................42 ARTICLEVIII.....................................................................................................I.......,.... 44 8.0 F1OLIDAYS...................................................................................................................44 8.1 City Holidays.........................................................................................................44 8.2 Holiday Bank.... ........ ................. ............... _ ... __ ............................ ..................... 45 9.3 Modified Holiday Schedule - Library.Employees.....................................................46 8.4 Requirements.........................................................................................................46 8.5 Use of HolidayTime ..............................................................................................46 8.6 Maximum Accumulation of Holiday....................................................................... 46 8.7 Winter Holiday Closure ..........................................................................................46 ARTICLEIX.......................................................................................I........................,,... 51 9.0 VACA AON.................................................................................................................. 51 9.1 Purpose..................................................................................................................51 9.2 Accrual..................................................................................................................51 9.3 Use of Vacation...................................................................................................... 52 9A Computation of Vacation Use................................................................................. 52 9.5 Continuous Service Requirement............................................................................53 2019-2022 MOU City of Santa Ana & SETU Full -Time Employees Unit Page 4 2 �k 9.6 Vacation Cash -Out .................................................................................................53 9.7 Maximum Accumulation........................................................................................54 AR'11CLE X.......................................................................................................................57 10.0 OTHER LEAVES OF ABSENCE .................................................................................57 10.1 Sick Leave..........................................................................................................57 A. Definition...........................................................................................................57 B. Accrual...............................................................................................................57 C. Use of Sick L,eave............................................................................................... 57 D. L,imit..................................................................................................................58 E. Extended Use......................................................................................................58 F. Extension by Use of Accrued Compensatory Time Off and/or Vacation ................. 58 G. Notification of Use ............ .................. ___ ............ ........................................... 58 H. Denial................................................................................................................59 L Personal Necessity Leave........................................................................................ 59 J. Payment for Unused Sick Leave.............................................................................. 60 10.2 Bereavement Leave............................................................................................. 61 10.3 Military Leave....................................................................................................62 10.4 Examination Leave..... ...................... ............ ....................... ........................ 62 10.5 Unauthorized Absence........................................................................................62 10.6 Authorized Absences Without Pay - Short Term ................................................... 62 10.7 Authorized Absence Without Pay -Long Term ..................................................... 62 10.8 Industrial Leave..................................................................................................63 10.9 Pregnancy Disability Leave................................................................................. 63 10,10 Catastrophic Leave, .......... .............. ............................... ............ 6 3 ARTICLEX1..................................................................................................................... 66 2019-2022 MOU City of Santa Ana & SEIU Full -Time Employees Unit Page 5 �� 11.0 EMPLOYEE INSURANCE BENEFITS........................................................................ 66 11.1 Medical Health Insurance....................................................................................66 A. Health Plans....................................................................................................... 66 B. Contributions......................................................................................................66 C. Medical Waiver Option.... ............................... ................................................. - 67 11.2 Dental lnsurance.................................................................................................67 11.3 Long -Term Disability Inswunce.......................................................................... 67 11.4 Life Insur:mce..................................................................................................... 68 1.1.5 Benefits Advisory Committee ..... ......................................... ........ ....... ,................ 68 11.6 Retirement Health Savings (RIiS) Plan ................................................................ 68 H.7 Vision Insurance.................................................................................................69 ARTICLEXI.I....................................................................................................................70 12.0 RETIREMENT BENEFITS.......................................................................................... 70 12.1. CalPERS Retirement Plans.................................................................................. 70 12.2 Contributions ......................................................................................................70 12.3 CalPERS Benefit Options ........... ........................ ..... ............................. --- .... ... 71 ARTICLEXIII.................................................................................................................. 73 13.0 TOOLS........................................................................................................................73 13.1 Personal Tools.................................................................................................... 73 13.2 Tool Allowance..................................................................................................73 13.3 Lost or Stolen Tools............................................................................................ 73 ARTICLEYJV................................................................................................................... 74 14.0 UNIFORMS................................................................................................................. 74 14.1 Uniforms ............................................................................................................74 ARTICLEXV.................................................................................................................... 75 2019-2022 MOU City of Santa Ana & SEW Fill -Time Employees Unit Page 6 15.0 SAFETY ....... ...................................................................................................... I ...... ..75 15.1 Central Safety Conunittec.................................................................................... 75 15.2 SafetyShoes/Boots.............................................................................................75 ARTICLEXVI..............................................................................................................I_. 76 16.0 GRIEVANCE PROCEDURE....................................................................................... 76 16.1 Definition of a Grievance .................................................................................... 76 16.2 Informal Process - First Step................................................................................ 76 16.3 Formal Process................................................................................................... 77 I6.4 Reservation of Rights.......................................................................................... 78 ARTICLE7CVII ................................................................................................................. 79 17.0 UNION RIGHTS.......................................................................................................... 79 1.7.1 Union Representatives......................................................................................... 79 17.2 Release Time......................................................................................................79 A. Geievances..........................................................................................................79 B. Union Business Leave.........................................................................................80 C. Chapter Chair/President's Leave..........................................................................80 D. Meet and Confer.................................................................................................82 F. Release Time Process..........................................................................................83 17.3 Worksite Access.................................................................................................83 17.4 Use of Bulletin Boards........................................................................................84 17.5 Use of City Facilities...........................................................................................84 17.6 Payroll Deductions..............................................................................................85 A. Union Deductions............................................................................................... 85 B. Remittance of Funds...........................................................................................85 C. Maintenance of Dues Payroll Deduction.............................................................. 85 tea. to 8c ;. 2019-2022 MrJU City of Santa Ana SF.IU Full -Time Employees Unit Page 7 D. Indemnification. ... ....... .................................................. ............................... ... 86 17.7 Reporting Requirements......................................................................................86 1.7.8 New Employee Orientations................................................................................86 ARTICLEXVIII................................................................................................................ 87 1.8.0 CITY RIGHTS.............................................................................................................87 18.1 Management Rights............................................................................................87 18.2 Meet and Confer on Impact................................................................................. 88 ARTICLEXIX.............................................................................................................I...._89 19.0 ANTI -STRIKE CLAUSE.....................................................................I.......................89 19.1 Prohibited Conduct.............................................................................................89 19.2 Union Responsibility...........................................................................................89 ARTICLEXX................................ ............ ........ ........................ ....... ..... I ....... ..,........ .........90 20.0 LAYOFFS .......................... ........... ............. ........... _........ ,.................. I ..... ,................. 90 20.1 Notice of Layoff.................................................................................................90 20.2 Order of Layoff................................................................................................... 90 20.3 Reemployment List.............................................................................................90 20.4 Temporary Appointment..................................................................................... 91 20.5 Contracting Out.................................................................................................. 91 ARTICLEXXI...................................................................................................................93 21.0 MISCELLANEOUS PROVISIONS..............................................................................93 21.1 Joint Labor Management Teams.......................................................................... 93 21.2 Performance Appraisals....................................................................................... 93 21.3 Driving City Vehicles.......................................................................................... 93 ARTICLEXXII................................................ .......................... ..................... I ... .............. 95 22.0 FULL UNDERSTANDING, WAIVER & SEPARABILITY..........................................95 2019-2022 MOU City of Santa Ana & SEIU Full -Time Employees Unit Page 8 �\l 22.1 Intent of Agreement............................................................................................ 95 22.2 Rules and Regulations ......................................................................................... 95 22.3 Waiver of Bargaining.......................................................................................... 95 22.4 Emergency Waiver Provision..............................................................................95 22.5 Separability Provision.........................................................................................96 ARTICLEXXIIL............................................................................................................... 97 23.0 TERM OF MOU.......................................................................................................... 97 EXECUTION OF THE NEW AG EEMEN`l.................................................................... 98 SELU Local 721 Bargaining Committee .............................. EXHIBITA.......................................................................................................................100 2019-2022 MOU City of Santa Ana & SEIU FUII-Time Employees Unit Page 9 0 �16 ARTICLE I 1.0 RECOGNITION 1.1 Pursuant to the provisions of the Meyers-Mrfdaas-Brown Act, Government Code §3500, et seq., the City of Santa Ana (hereinafter called the "City") has recognized the Service Employees international Union, Local 721 (hereinafter called the "Union" or "SEIU") as the recognized representative of the bargaining unit which includes all full-time personnel employed by the City in classifications listed in Exhibit A of this Memorandum of Understanding (MOU). 1.2 During the term of this MOU, no substantive issue of representation shall be raised contrary to this MOU, except as provided in the City's Employer -Employee Relations Resolution (EERR)No. 8I-75. 2019-2022 MOU C€ry of Santa Ana & SEW Full -Time Employees Unit Page 10 o�f� ARTICLE 11 2.0 NON-DISCRIMINATION CLAUSE 2.1 The City and the Union agree they shall not discriminate against any employee because of political affiliation, union activities, union membership, race, color, sex, age, national origin or alienage, sexual orientation, political or religious opinions or affiliations; religious creed, ancestry, physical disability, medical condition, genetic information, marital status, natural hair and hair styles associated with race, gender, gender identity, gender expression, military or veteran status, and other protected classifications as defined by the California Fair Employment and Housing Act (FEIIA). 2.2 The City and the Union shall reopen any provision(s) of this MOU for the purpose of complying with any order of a Federal or State agency or court of competent jurisdiction, if a modification or change in any provision(s) of this MOU is required to remain in compliance with State or Federal anti -discrimination laws. 2019-2022 MOU City of Santa Ana & SEIU Full -Time Employees Unit Page 11 ,rt ARTICLE III 3.0 ATTENDANCE, WORKDAY & WORKWEEK 3.1 Attendance Employees covered by this MOU shall be in attendance at their work during hours prescribed by the Department Head or his/her designee(s) and shall not absent themselves without approval of the Department Head or his/her designee(s), 3.2 Hours of Work Eight (8) hours of work shall constitute a normal day and forty (40) hours of work shall constitute a minimum workweek, except for employees who have been approved for alternate work schedules as provided in this article by the City Manager. 3.3 Alternate Work Schedules A. 4/10 Work Schedule The Department head, with the approval of the City Manager, may assign Code Enforcement Officers, Police Department employees, and selected Fleet Services employees to a workweek consisting of four (4) ten (10) hour days, with an additional one-half (0.S) or one (1) hour for an unpaid meat break. The assigned employee shall work four (4) ten (10) hour days and shall have three (3) consecutive days off in a workweek. Upon mutual agreement between the supervisor and employee, the employee may waive his/her right to three (3) consecutive days off in a workweek. The regular workweek shall consist of forty (40) hours. A regular day off shall consist of ten (10) hours. B. 3/11.5 1/5.5. Alternate Work Schedule _-Correctional Records fitn ip oyees The Department Head, with the approval of the City Manager, may assign these employees to a workweek consisting of three (3) eleven and one-half (11.5) hour days and one (1) five and one-half (5,5) hour day, with an additional forty-five (45) minutes for an unpaid meal break. The assigned employee shall have three and one- half (3.5) consecutive days off in a workweek. Upon mutual agreement between the supervisor and employee, the employee may waive his/her right to three and one-half (3.5) consecutive days off in a workweek. The regular workweek shall consist of forty (40) hours. A regular day off shall consist of either eleven and one- half (11.5) hours or five and one-half (5.5) hours. C. 9/80 Work Schedule Employees shall be permitted to work a 9180 work schedule when authorized by the Department Idead and approved by the City Manager. A departmental work unit ;M;,;tca.:w:�.Tm__Fyy+ 2019-2022 MOU City of Santa Ana & SEW Full -Time Employees Unit Page 12 r�1 will not be permitted to work this schedule if in the discretion of the Department Head and City Manager, the 9/80 work schedule may reduce service to the public. 1. Work Schedule The 9/80 work schedule shall be defined as working eighty (80) hours over nine (9) days in a two (2) week period. An employee shall work eight (8) days for nine (9) hours per day and one (1) day for eight (8) hours, excluding a one (1) hour unpaid meal break during each work shift, totaling forty (40) working hours in each FLSA work. week. 2. Work Week The FLSA work week shall be defined as the work week starting exactly four (4) hours after the start time of the employee's regularly scheduled shift on their alternating regular day off and ending exactly one hundred and sixty-eight (168) hours later. No employee working the 9/80 work schedule will be able to flex their alternating regular day off start time nor the time they take their mead break, which will occur after an employee has worked at least four (4) hours on his/her alternating regular day off. Modifications of the FLEA work week are not permitted unless authorized by the Executive Director of human Resources or his/her designee. 3. Schedule Changes Employees cannot change schedules without prior approval of their supervisor and Department head. The purpose of this authorization is to review the impact on staffing and overtime. Employees may change schedules at the beginning of any work week with supervisor and Department Head approval. 4. Emer ncles All employees on the 9180 work schedule are subject to be called to work any time to meet any and all emergencies or unusual conditions that, in the opinion of the City Manager, Department Head or designee, may require such service from any of said employees. 5. Leave Benefits When an employee is off on a scheduled workday under the 9/80 work schedule, then nine (9) hours of eligible leave per workday shall be charged against the employee's leave balance or eight (8) hours shall be charged if the day off is Ids/her alternating regular eight (8) hour work day. All leaves shall 2019-2022 MOU City of Santa Ana & SEIU Full -Time Employees Unit Page 13 continue under the current accrual, eligibility, request and approval requirements. a. Holidays i. For a recognized City holiday the hours (as stated in Article VIII) are earned for each holiday, except for the floating holiday. ii. If a holiday falls on an employee's alternating regularly scheduled day off, the employee must then take their holiday off before or after the regular holiday as their holiday off with supervisor and Department Head approval. If the employee cannot take their holiday off before or after the regular scheduled holiday off, the employee will bank the hours of holiday leave to be used at a later date with the supervisor's approval. D. It is the intent of the parties that no additional paid time off shall be gained or lost as a result of the implementation of an alternate work schedule. The City reserves the right to abandon alternate work schedules if, in the opinion of the concerned Department Head and the City Manager, the alternate work schedule has not produced the desired results. If this right is exercised, the City and SEIU shall meet and confer in good faith prior to abandoning any of these alternate work schedules. 3.4 Personal Hardshzyi Any employee who encounters a personal hardship with his/her work hours may request an accommodation from his/her Department Head, A hardship request will be limited to an employee's authorized hours of work. An accommodation will be considered only after the employee has exhausted all other personal options to resolve the hardship. If the employee is unable to resolve bis/her problem, the employee may request an accommodation from their Department Head by submitting a hardship claim. The Department Head may authorize an accommodation after reviewing said claim or assign a manager to investigate and recommend a resolution of the hardship claim. The recommendation of the manager will be limited to the following: 1. Approve an appropriate flex schedule that does not disrupt the department's ability to deliver its services or create disruption in the work unit. 2. Deny the employee's proposed solution to resolve the hardship. 3. Reassign the employee to a 5140 work schedule. The Department Head may accept any one of the manager's recommendations or advance r 2014-2022 MRU City of Santa Ana & SEIU Full -Time Employees Unit Page 14 �)� his/her own to resolve the hardship. 3.5 Water Production Meal Breaks The Water Production staff who are assigned to work an eight (8) hour day shift covering Monday through Friday will be required to take a thirty (30) minute unpaid meat break during the shift. W3: 2019-2022 MOU City of Santa Ana & SEIU Full -Time Employees Unit Page 15 x 1�' ARTICLE IV 4.0 SALARIES 4.1 Basic Compensation.Plan There is an established basic compensation plan for all full-time personnel who are now employed or will in the future be employed in any of the designated classifications of employment represented by the Union as listed in this MOU and/or its exhibits. 4.2 Salary Schedule A. The basic salary and wage schedule, as periodically updated and published by the City, provides various salary rate ranges, each comprised of seven (7) steps or rates of pay. The respective rate ranges are identified by a three (3) digit number. The steps within each range are identified by the letters "AAA", "AA', and "A" through ,E" inclusive, with Step "AAA" being the lowest step in the range. Step "AAA." is the normal beginning pay rate. Step "AA" is an automatic increase after the completion of six (6) months of service in Step "AAA". Steps "A" through "D" are an automatic step increase after the completion of twelve (12) months of service. Step "E" is a performance based step increase which an employee may be eligible to receive after the completion of twelve (12) months of service in Step "D". The assignment of classifications to salary rate ranges is listed in the City's basic salary and wage schedule. B. During the term of this MOU, it is the City's intent to eliminate the salary matrix and create a salary schedule. The parties acknowledge and agree that elimination of the salary matrix and implementation of the salary schedule is a meet and confer issue. Once the City is ready to move forward with elimination of the salary matrix and creation of the salary schedule, it will provide its proposal to the Union and the parties agree to promptly meet and confer on the issue. No changes will be made until the negotiations process has been completed. The parties acknowledge that such a change will require modification to language in several provisions of this MOU. 2014-2022 MOU City of Santa Ana & SEW Full -Time Employees Unit Page 16 4.3 Salaries The base salary rate of each employee and classification shall be increased as follows: A. Effective in the pay period including July 1, 2019 - A base salary increase of seven (7) salary rate ranges, which is approximately three and one-half percent (3.5%). This salary increase shall be provided to those employees who are currently employed as of the date the MOU is approved by the City Council. B, Effective in the pay period including July 1, 2020 - A base salary increase of seven (7) salary rate ranges, which is approximately three and one-half percent (3.5%). C. Effective in the pay period including July 1, 2021 - A base salary increase of seven (7) salary rate ranges, which is approximately three and one-half percent (3.5%). 4A Application of Basic Compensation Plan The salary rate ranges contained in Section 42 of this article and the City's salary schedule are monthly salary rate ranges. All employees working in classifications of employment covered by this MOU shall be compensated at a monthly rate, except that an employee hired for temporary work in a position which has an anticipated duration of less than six (6) months shall be paid at a rate per hour for actual time spent in the performance of the duties of his/her employment. The regular rate of pay shall be computed as provided for by the FLSA. Any hourly rate of pay, defined as the regular hourly rate of pay, shall be computed by dividing the monthly salary rate by one hundred and severity -three point thirty-three (173.33). In determining the hourly rate as herein provided, computation shall be made to the nearest whole cent and a computation resulting in an even one-half ($0.005) cent shall fix the rate at the next higher whole cent, 4.5 Probation The probationary period shall be one (1) year from the date of appointment from an open eligible list (new hire) or a reappointment eligible list (rehire) or a promotional eligible list. 4.6 Beginn nZ Rates A new employee shall be paid the rate shown as Step "AAA" in the salary rate range allocated to the classification of employment for which he/she has been hired. In special instances where such new employee possesses unique and exceptional educational training and/or experience qualifications, the Department Head, under whom the employee wrill serve, may submit a written request and justification to the City Manager for authorization to place such new employee on Step "AA," "A," " B," "C; or "D" within 2019-2022 MOU City of Santa Ana & SEW Full -Time Employees Unit Page 17 �i'1 the allocated salary rate range for the classification in which he/she is being hired. If approved, such new employee shall be assigned to a salary step upon the commencement of his/her service in the classification of employment to which the salary rate range applies and such assigrunent having once been made shall remain in effect until the said employee shall be entitled to advance to the next salary step in accordance with the further provisions of this article. 4.7 Service The word "service" as used in this MOT shall be deemed to mean continuous, full-time service in the classification in which the employee is being considered for salary advancement, service in a higher classification, or service in a classification allocated to the same salary rate range and having generally similar duties and requirements. Employees hired after the first (P) work day of the month shall not be credited with "time in service" for that month when determining the Iength of service required for salary step advancement. A lapse of service by an employee for a period of time longer than thirty (30) calendar days by reason of resignation, quit [i.e. less than two (2) weeks' notice], or discharge, shall serve to eliminate the accumulated length of service time of such employee for the purposes of this MOLJ, and such employee reentering the service of the City shall be considered as a new employee, except when he/she is being or will be reappointed within one (1) year and placed in the same salary step in the appropriate salary rate as he/she was at the time of termination of employment, "Resignation, quit, or discharge" for purposes of this section shall mean separating from full-time employment altogether, not leaving one (1) position to accept appointment to another position in an unrelated classification outside the career ladder. 4.8 Advancement within Ranges A. Length of Service Advancement After the salary of an employee has been first established, such employee shall be advanced from Step "AAA" to Step "AA," Step "AA" to Step "A," from Step "A" to Step "B," from Step "B" to Step "C," or from Step "C" to Step "D," whichever is the next higher step to that on which the employee has been previously paid. Each advancement shall be effective the first (h s day of the month following the date of completion of the length of service required for the advancement, as provided in Section 4.2 and the salary schedule. B. Merit Advancement An employee shall be, considered for advancement from Step "D" to Step "E" upon the completion of the required length of service as provided in Section 4.2 and the r='-'¢"¢.z"�'u^i'��Cr��. ._�._ .. .. _ �vnraaax �..., ..W_�.a3--•' S±+E•—^..r..-Ste'=ams'��s 2019-2022 MOU City of Santa Ana & SEIU Full -Time Employees Unit Page 18 1 % 0 salary schedule. The effective date of such merit increase, if granted, shall be on the first (1 ") day of the month following the completion of such required length of service. Advancement to Step "E" may be granted only for continued meritorious and efficient service and continued improvement by the employee in the efficient performance of the duties of his/her position. Such merit advancement shall require the following: 1. Human Resources shall keep on file in the office of the Executive Director of Human Resources, a copy of each performance appraisal report required to be made on the employee by the Civil Service Rules and. Regulations and/or the City Manager during the period of service time of such employee subsequent to his/her last salary advancement. 2. The Department Head, at least twenty (20) calendar days prior to the anticipated completion of such employee's required length of service, shall file with the City Manager a statement recommending the granting or denial of the merit increase and supporting such a recommendation with specific reasons therefore. The employee shall be notified by the Department Head as to such recommendations and of the reasons therefore. 3. No advancement in salary above Step "D" shall become effective until approved by the City Manager, except when placement on a salary step above Step "D" results from promotion under the provisions of Section 4.10 of this article. 4, Notwithstanding the foregoing provisions of this subsection to the contrary, a merit step advance shall be automatically granted ninety (90) days after the due date if no performance appraisal is completed. The effective date of such merit step advance shall be retroactive to the first (I') day of the month following the completion of the required length of service. C. Length of Service Required When Advancement Denied When an employee has not been approved for advancement to merit Step "E," he/she may be reconsidered for such advancement after the completion of three (3) months of additional service and shall be reconsidered for such advancement after the completion of six (6) months of additional service. This reconsideration shall follow the same steps and shall be subject to the same actions as provided in subparagraph B(2) and (3) of this section. 4.9 Reduction in Salary Steps Subject to the provisions in this section, any employee who is being paid at merit Step "E" may be reduced to Step "D" of the appropriate salary range, upon the recommendation of - Yw�°. "R9'S:'"" :::YE. ..... .•amp_mm .:r"_'.S'."_."6sY"19=5:'a` .r:Yl',_- ww._ kcS 2019-2022 MOU City of Santa Ana & SEIU Full Time Employees knit Page 19�( � 1� the Department Head, and the approval of the City Manager. The procedure for such reduction shall follow the same procedure as outlined for merit advancements in Section 4.8 above. Air employee reduced to Step "D" may be considered for re -advancement to Step "&" under the same provisions as contained in Section 4.8C above. 4.10 Promofion When an employee is promoted to a position in a higher classification from a position. in a lower classification in the same occupational career ladder, he/she shall be reassigned to Step "AAA" in the appropriate salary rate range for the higher classification; provided, however, that if the base salary step currently being paid such employee is already equal to or higher than said Step "AAA," he/she will be placed in the lowest step in the appropriate salary rate range as will grant that employee a minimum increase of one (1) salary step, approximately five percent (5.0%) over his/her current base salary step, inclusive of lead pay, and exclusive of any other assignment or special pay additive or additives such as bilingual pay, shift differential, special skill pay or the like, except when placement at "E" step will not be sufficient to provide a one (1) salary step, approximately five percent (5.0%) increase. 4.11 Demotion When an employee is demoted to a position in a lower classification, his/her salary rate shall be fixed in the appropriate salary rate range for the lower classification in accordance with the following provisions: A. The salary rate shall be reduced by at least one (1) salary step, which is approximately five percent (5.0%). B. The new salary rate must. be within the appropriate salary rate range. C. The new salary rate shall not be higher than the salary step to which the employee would have been entitled had his/her service time in the higher classification been spent in the lower classification. D. If the salary rate recommended by the Department Head is lower than the maximum step permissible under Subsection C above, such recommendation shall be considered a reduction in pay in addition to the demotion and shall be handled in accordance with the provisions for salary reductions in Section 4.9 above. 4.1.2 Reallocation of Salary Rate Ranges Any employee who is employed in a classification which is reallocated to a different salary rate range froth that previously assigned shall be retained in the same salary step in the new 2019-2022 MOU City of Santa Ana & SEW Full -Time Employees Unit Pa'�'�-ge 20 r salary rate range as he/she had previously held in the prior rate range and shall retain credit for length of service in such step towards advancement to the next higher step. 4.13 Request for Classification Review A. Any employee who, for a period exceeding one (1) year, believes he/she is regularly and consistently performing duties and/or responsibilities not in conformance with their classification concept or, duties and/or responsibilities of another classification, may request a classification review of their position through their supervisor to the Department Bead. The employee must submit their request on a form specified by the Executive Director of Human Resources, outlining in writing how they believe their current duties and/or responsibilities differ from their classification concept. B. The Department Head will review the employee's submitted request and within sixty (60) calendar days will make one (1) of the following determinations: 1. Will support the employee's request. a. If the Department Bead supports the employee's request for a classification review, he/she will forward the request to the Executive Director of Human Resources along with justification for support of the employee's request. b. The Department Head will notify the employee that his/her request has been submitted to the Executive Director of Duman Resources. 2. Will not support the employee's request. a. I£ the Department Head does not support the employee's request for a classification review, he/she will notify the employee of this decision in writing and set forth the basis for the decision. b. If the Department Head does not support the employee's request, but agrees that some of the duties and/or responsibilities being performed by the employee are those of a higher level City classification, he/she can do the following: Return the employee to performance of the duties and/or responsibilities of their proper classification. s Eliminate the higher duties and/or responsibilities being performed by the employee, for which the City has agreed are those for which it will provide higher compensation. C. Any employee request for classification review approved by the Department Head will be forwarded to the Executive Director of Human Resources, the Executive 2019-2022 MOU City of Santa Ana & SEIU Pull -Time Employees Unit Page 21 j t P ka ti 4� Director of Human. Resources will confirm. receipt of the request in writing to the employee. Within sixty (60) calendar days of receipt of the request, the Executive Director of Human Resources will notify the employee and Department Head of the decision as to whether a study will be conducted. if the Executive Director of Human Resources determines that a study is appropriate, the Executive Director of Human Resources Mll so notify the employee and the Department Head in writing and will provide the employee and Department Head with an approximate start date for the study, D. Determinations of the Department Head and the Executive Director of Human Resources are not final. An appeal to the City Manager or his/her representative shall be presented within fifteen (15) working days of the notification of the findings by the Executive Director of Human Resources. The City Manager's decision is final. This process is not subject to the grievance provisions of this MOU. E. All studies and study findings will require City Manager approval before proceeding. F. All recommendations resulting from study findings require the approval of the City Council and will be implemented in accordance to the City's Civil Service rules. 20:19-2022 MOU City of Santa Ana & SEIU Full -Time Employees Unit Page 22 r ARTICLE V 5,0 ASSIGNMENT & OTHER SPECIAL PAY ADDITIVES 5.1 Assignment Pay Differential A. C_ aleglaSi_on of Pay Differential Assignment pay differentials, as listed herein and throughout the MOU, will, in each case, be added individually and separately to the employee's base salary. In no event shall one (1) assignment pay differential be added to the employee's base salary as a basis for the calculation of an additional pay differential. B. 1, Iigibili Employees who were eligible for, assigned, and received assignment pay under this section prior to June 30, 2013, shall continue to receive said pay under the current assignment formulas provided they continue to meetthe qualifications described in the applicable assignment pay provisions of this article, Employees hired after August 31, 2010, or hired before August 3I , 2010, who did not receive assignment pay under this section prior to June 3% 2013, shall not be eligible to receive it. C. Fleet Services 1. Automotive Service Excellence Incumbents in the classifications of Fleet Services Technician 1, II and III who possess nationally recognized certifications for Automotive Service Excellence Master Certification (ASE) and ASE Alternative Fuel will be paid an assignment pay differential at a rate set five (5) salary rate ranges, which is approximately (2.51/o) for each of the certifications, above their then current base monthly salary step. The restrictions set forth in Section 5.1 B do not apply to this provision. 2. Fire Certification The City and the SEW 721 agree to meet and confer to discuss the addition of Fire Certifications if the City agrees to enter into any agreement in which they service Fire Department vehicles. 3. Commercial Driver's License Personnel in the classifications of Fleet Services Technician I, II, III, and Fleet 2019-2022 MOU City of Santa Ana & SEIU Full -Time Employees Unit page 23 Services Supervisor, who maintain a valid State of California Commercial Driver's License and are assigned to an area that requires the possession of either a Class "A," or Class "B" license in the course and scope of their work, shall be paid at a rate set five (5) salary rate ranges, which is approximately two and one-half percent (2.5%) above their then current base monthly salary step. 4. Motorcygle License The City will reimburse employees in the classification of Fleet Services Technician 1, 11 or III for costs incurred for accredited motorcycle training courses, testing and Department of Motor Vehicle (DMV) fees associated with obtaining the motorcycle (MI) license. D. Not= An employee that is required by a Department Head or their designee to perform the duties of a Notary Public for the City, in addition to regular duties, shall be paid a monthly differential of forty dollars ($40.00) above his/her then current base monthly salary step. The City will reimburse employees for costs incurred in association with obtaining or maintaining a California Notary Public license with Department Head approval. 5.2 Lead PM An incumbent who is regularly and continuously assigned to lead a functional unit which includes two (2) or more positions in the wane or lower classifications as the incumbent may be compensated for said duties upon mutual agreement of the City and SEIU and approval of the Department Head and the Executive Director of .Human Resources. This compensation shall be referred to as lead pay and shall be set at a rate ten (10) salary rate ranges, which is approximately five percent (5.0014) above his/her then current base monthly salary step. In addition, incumbents in the following classifications who are regularly and continuously assigned to perform lead supervisory responsibilities will receive Iead pay compensation at a rate set ten (10) salary rate ranges, which is approximately five percent (5.0%) above his/her then current base monthly salary step: • Buyer • Customer Service Representative • Information Services Representative • Librarian • Library Services Assistant • Parking Meter Technician 11 • Senior Systems Administrator • Graphics Designer 1I 2019-2022 MOU City of Santa Ana & SEIU Full -Time Employees Unit Page 24 • Senior Accounting Assistant • Housing Specialist II • Senior Librarian • Workforce Specialist Il • Workforce Specialist III An incumbent in the classification of Custodian who is regularly and continuously assigned to perform lead supervisory responsibilities will receive lead pay compensation at a rate set fifteen (15) salary rate ranges, which is approximately seven and one-half (7.5%) above his/her then current base monthly salary step. Any employees who have continuously received lead pay for leading the same functional group for five (5) years shall have their lead pay assignment made permanent. 5.3 Bilingual Pav An employee who is assigned by a Department Head or their designee to a position requiring bilingual capability in both English and any other language or in sign language, will be paid a monthly assignment pay differential in accordance with the criteria and amounts set forth below: A. Certification Certification by the Executive Director Human Resources as having satisfactorily demonstrated conversational fluency in both languages for any position requiring bilingual capacity. There shall be periodic recertification of such bilingual capability. B. Primary Bilingual Assignments Assigned positions where it has been determined by the Department Head that bilingual proficiency is essential to carry out duties and responsibilities of a critical and/or emergency nature without ready access to backup assistance, or positions where bilingual public contact is a major., essential, or integral element of the work being performed, will be designated as Primary Bilingual Assignments, A. qualified incumbent of such position will be paid a monthly differential of one hundred and seventy-five dollars ($175.00) above his/her base salary step for each full month of such assignment. C. Secondary a lin, g al Assignment Assigned positions where it has been determined by a Department Head that regular and frequent bilingual usage is necessary to the performance of duties, but not a major, essential or integral element of the work, will be designated as Secondary 2019-2022 MOU City of Santa Ana & SEN Full -Time Employees Unit Page 25� Bilingual Assignments. A qualified incumbent of such position will be paid a monthly differential of forty dollars ($40.00) above his/her base salary step for each full month of such assignment. D. Limits on Assignments The number of bilingual assignments shall be no larger than the requirements of the department, as determined by the Department Head and the City Manager. E. Limits on Bilin uag I Pav In no event shall an employee be eligible to earn more than one (1) bilingual pay differential. 5.4 Shift Differential A. Night Shift Differential An employee who is continuously and regularly assigned to a schedule of work which requires that he/she actually work a minimum of four. and one-half (4.5) hours between the hours of 5:00 p.m, mid 7:00 a.m., will be paid a shift differential for his/her entire work shift at a rate set ten (10) salary rate ranges, which is approximately five percent (5.0%) higher than his/her then current base salary step. This shift pay differential shall not be applicable to employees in the classification of Park Ranger and Supervising Park Ranger. 13. Library Shift Differential Employees hired and assigned to the Library prior to December 1, 1987, who work evening shifts until closing time, but who are not otherwise eligible for shift differential as provided under Subsection A above, shall receive special shift pay in an amount equal to one-half (0.5) of one (1) hour's pay for each day they work an evening shift until closing time. This special shift pay shall be computed on the hourly equivalent of the base monthly salary step. This half hour of shift pay shall not be counted toward the computation of overtime. Such special library shift pay differential shall not be applicable to library employees hired on or after December 1, 1987. 2019-2022 MOU City of Santa Ana & SEIU Full -Time Employees Unit Page 26 �t°1 C. Early Morning Street Crew Differential A Street Maintenance employee who is assigned to traffic painting or downtown cleanup crews who is continuously and regularly assigned to a work schedule which requires that he/she actually work at least fifty percent (50%) of his/her normal daily work shift between the hours of 1:00 a.m. and 7:00 a.m., will be paid a shift differential for his/her entire work shift at a rate set ten (10) salary rate ranges, which is approximately five percent (5.0%) higher than his/her then current base salary step. 5.5 Standby Pa A. Standby Defnted An employee who is released from active duty, but is required by their department to leave notice where they can be reached and be available to return to active duty at any time other than their regularly scheduled working hours, shall be said to be on standby duty. B. Requirements of Standby Employees in the unit may be required to be on standby for many different reasons. Being on standby means that the employee is required to; • Be accessible by phone, email or text; • Promptly return to work. after being called, emailed or texted; • Remain fit for duty and able to respond. Employees are not permitted to drink alcohol while on standby duty. Employees on standby shall receive a cell phone from the City and will be required to respond to the call or text as quickly as possible. Upon responding to the call or text, the employee will be instructed as to whether he/she is required to return to work and will be informed of the location to which he/she must respond. Response time will generally be the employce's normal commute time to the City and the minimal time necessary for the employee to get ready to return to work. C. Coin ensation Rates for Standby, 1. Weekly Rate Each employee shall receive four hundred and fifty dollars ($450.00) per week when assigned to be on standby duty. 2. Daily Rate Employees who tirade days, or partial days, will have that time deducted from 2019-2022 MQU City of Santa Ana & SFIU Full -Time Employees Unit Page 27� Ze their pay on a prorated daily rate, which may be prorated to an hourly rate of three dollars and fifty-two cents ($3.52), based on a seven (7) day week or one hundred and twenty-eight (128) hours. Employees who cover the day or hours shall be paid at the prorated rate. All trades must be approved by the Supervisor or Manager. In addition to Standby Pay, if an employee is able to handle the incident by phone or other electronic means without reporting to duty, he/she shall be entitled to overtime pay at the rate of fifteen (15) minutes or actual time spent per incident, whichever is greater, paid at time and one-half (1.5) per incident. D. Assi�nntent to Standby Duty Employees in the following departments shall be required to serve on standby duty: o Water Production • 'Water Maintenance • Public Works Maintenance • Building Maintenance • Information Services The City's preference will be to accomplish the above through volunteers; however, qualified employees may be directed to be on standby duty if the number of volunteers is insufficient. Additional standby programs may be implemented with the approval of the Department Head and City Manager. 5.6 Call Back Duty - Any employee who is recalled to active duty from off duty, shall be entitled to overtime pay at the rate of one and one-half (1'/) times the base hourly pay rate, or double times (2X) the base hourly pay rate for City observed holidays, for time actually worked after reporting to the place of duty, or three (3) hours pay at the base rate of pay, whichever is greater. 5.7 Temporary Uvarade Assignment Pay In order to provide an equitable method of compensating employees who are temporarily assigned to a vacant, full-time, budgeted, higher -level position the following shall apply: A. General Guidelines 1. Temporary upgrade (TUG) assignments shall be limited to the temporary filling of vacant, full-time, budgeted positions due to the termination, promotion or 2019-2022 MOU City of Santa Ana & SFIU Full -Time Fmployees Unit Pagep28 gq v!,� \pplal authorized long-term absence of the incumbent, A temporarily vacant position need not be a position without an incumbent. 2, Each such assignment maybe terminated at anytime, but in no event shall such assignment continue beyond one hundred and eighty (180) days or nine hundred and sixty (960) hours each fiscal year, whichever comes first. Prior to recommending to the City Manager that a pay differential for a TUG assignment be granted, the Department Mead shall make the following determinations: a. The duties and responsibilities of the position to be filled are of such nature that they carmot remain unassigned pending the return to duty of the absent incumbent or preparation of an eligible list, whichever is applicable. b. It is not practical to assign the duties of the vacant position to any other amployee(s) in the same or higher classification. 4. The City, Manager or his/her designee must give written approval of all TUG assignments involving an increase in pay for the appointee. B. Eli ibili With the exception of Those described in Section 5.7B(3) below, regular, full- time employees shall receive TUG assignment pay if the following criteria are met: a. The work assumed encompasses the majority of the typical duties and responsibilities of the vacated position. b. To qualify for TUG assignment pay, employees must serve in an acting capacity in the higher level classification as follows: • Ten (10) consecutive working days of eight (8) hours each; or • Eight (8) consecutive working days of ten (10) hours each, for employees working on an alternative work schedule; or o Any combination of consecutive working days consisting of nine (9) hours each and one (1) working day consisting of eight (8) hours, for a total of 80 hours of work for employees working the 9/80 work schedule; or • Two (2) consecutive work weeks, consisting of three (3) eleven and one-half (11.5) hour days and one (1) five and one-batf (5.5) hour day for a total of eighty (80) hours of work for employees working on an 2019-2022 MOU City of Santa Ana & SEW Full -Time Employees Unit Page 29 vp alternative work schedule. c, In computing qualifying service rendered, only full days of actual duty shall be included, and partial days shall not be combined to make full days unless they are normally granted holiday hours. Normally granted holidays will be included in computing actual duty days. d. Employees must re -qualify for a TUG if the employee has not worked in this specific TUG assignment for a period of eighteen (18) consecutive months. The employee shall only be considered to work in a higher classification if such work is duly and specifically authorized by the employee's Department (lead. 2. Whenever practicable, the appointing authority shall rotate TUG assignments among all qualified employees. Employees in tha following categories shall not be assigned to TUG work unless specifically authorized by the City Manager: a. Non -permanent employees (probationary, part-time. seasonal, etc.). b. Employees performing work above their regular classification in a training capacity. C. Payment On the eleventh (I Vh) consecutive working day an employee has been serving in a TUG assignment, and for each additional consecutive working day the employee so serves, he/she shall receive the beginning rate (Step "AAA") assigned to the higher classification or the lowest rate in that range which is at least ten (10) salary rate ranges, or approximately five percent (5.0%) higher than the current base salary rate he/she normally receives, (inclusive of lead pay and exclusive of any other assignment or special pay additive or additives) whichever is greater, except when placement at Step "E" will not be sufficient to provide the ten (10) salary rate range increase. If an employee has worked ten (10) consecutive days during the term of this MOU in a higher classification, the employee shall thereafter receive TUG pay for each day the employee is assigned to work in the higher classification during the term of this MOU. 2. Assignment or special pay additives, such as bilingual pay, shift differential, special skill pay, etc., paid to an employee prior to becoming eligible for TUG assignment pay, will not be considered in computing the amount of higher pay to which he/she is entitled in this section above. If the special circumstances upon which said additive is based are also applicable to the TUG assignment 2019-2022 MOU City of Santa Ana & SEIU full -Time Employees Unit Page 30 and the employee remains eligible for such pay while in the RJG position, this amount will be added to the new salary rate range. 3. TUG assignments which entail moving an employee into a classification represented by a bargaining unit other than that which represents his/her permanent classification shall not include any change in fringe benefits for the affected employee. 4. While working in a TUG assignment, an employee will continue to accrue, and have recorded, general, special or normal salary step increases in the employee's permanent position; however, such salary increases will be paid only to maintain the minimum five percent (5.0%) differential above the salary to which an employee is entitled in his/her permanent position. 5.8 Authority fQ,r Assignments All assignments of personnel to positions set forth in Sections 5.1 through 5.5 above shall be made or revoked at the discretion of the Department Head. 5.4 Career Development Incentives Employees appointed to a classification which requires an International Conference of Building Officials (1CBO), International Code Council (ICC), or other certificate(s) as a prerequisite to hiring, either upon appointment or by the time of the employee's completion of successful probation (regular appointment), shall not be eligible for career incentive pay for the prerequisite certificate(s). However, they will be eligible for career incentive pay for any other certificates approved for their classification. In no event shall the application of this Career Development Incentive Program result in an individual being eligible to earn more than twenty-five (25) salary rate ranges. which is approximately twelve and one-half percent (12.51/o) above his/her current monthly base salary step. A. An incumbent in one of the classifications listed below will be paid at a rate set ten (10) salary rate ranges (approximately five percent (5.0%) above his/her then current base monthly salary step for each of the following: valid registration as a Registered Engineer by the State of California and valid registration as a Structural Engineer by the State of California (a total of twenty (20) salary rate ranges (approximately ten percent (10.0%) for possession of both). Additionally, said incumbents who possess a valid certificate issued by the ICBO, (or similar nationally recognized certificating organization) in the areas of accessibility/usability (one (1) specialty area), residential energy plan check, or non-residential energy plan check, shall be paid an incentive pay differential at a rate set above his/her then current base monthly salary step in accordance with the following schedule: One (1) certificate from one (1) specialty area: five (5) salary 2014-2022 MOU City of Santa Ana &c SEIU Full -Time Employees Unit Page 31 rate ranges (approximately two and one-half percent (2.5%); an additional certificate from a second specialty area (total of two (2)): ten (10) salary rate ranges (approximately five percent (5.0%)), an additional certificate fiom a third specialty area (total of three (3)): fifteen (15) salary rate ranges (approximately seven and one-half percent (7.5%)). o Assistant Engineer o Assistant Engineer -Transportation (T) o Associate Engineer o Civil Engineer (This is a newly added classification,, which is still subject to the eligibility limitations in Section 5.10 below) o Senior Civil Engineer o Senior Engineer o Senior Traffic Engineer o Assistant Plan Check Engineer I o Assistant Plan Check Engineer II o Associate Plan Check Engineer o Senior Plan Check Engineer o Senior Transportation Analyst B. An incumbent who was employed as of August 16, 1991 in the classification of Assistant Plan Check Engineer I or 11, Associate Plan Check Engineer, or Senior Plan Check Engineer and who, as of December 31, 1987, had possessed a valid Plan Examiner Certificate issued by the ICBO shall continue to be paid at a rate set ten (10) salary rate ranges (approximately five percent (5.0°/n) above his/her then. current base salary step. However, effective January 1,1988, said ten (10) range differential shall be reduced to five (5) salary rate ranges (approximately two and one-half percent (2.5%), for any incumbent of said classifications who is issued his/her initial certificate on or after January 1,1988. C. An incumbent in one of the classifications listed below who possesses a valid certificate issued by the ICBO, (or similar nationally recognized certificating organization) in the area(s) of building inspection, combination inspection, electrical inspection, mechanical inspection, plumbing inspection, combination dwelling inspection, plan examining, accessibility/usability (one (1) specialty area), residential energy plan check, or non-residential energy plan check, shall be paid an incentive pay differential at a rate set above his/her then current base monthly salary step in accordance with the schedule listed below. Incumbents who possess a valid certificate issued by the ICBO in combination inspection may substitute this for building inspection or combination dwelling inspection; however, incumbents shall not receive incentive pay for more than two (2) of these three (3) certificates. 201.9-2022 MOU City of Santa Ana & SEIU Full -'time Employees Unit Page 32 One (1) certificate from one (1) specialty area: five (5) salary rate ranges (approximately two and one-half percent (2.5%), an additional certificate from a second specialty area (total of two (2)): ten (10) salary rate ranges (approximately five percent (5.0%)); an additional certificate from a third specialty area (total of three (3)): fifteen (15) salary rate ranges (approximately seven and one-half percent (7.5%)); an additional certificate from a fourth specialty area (total of four (4)): twenty (20) salary rate ranges (approximately ten percent (10.0%)); and an additional certificate from the fifth specialty area (total of five (5)): twenty-five (25) salary rate ranges (approximately twelve and one-half percent (12.5%)). o Building Inspector o Electrical Inspector o Plumbing Inspector o Combination Building Inspector o Building Technician o Senior Plumbing and Mechanical Systems Specialist D. Incumbents in the classifications of: o Code Enforcement Associate o Code Enforcement Officer o Code Enforcement Supervisor o Senior Building Inspector o Senior Electrical Inspector o Senior Plumbing Inspector o Senior Combination Building Inspector o Senior Electrical Systems Specialist who obtain or possess a valid certificate issued by the IC.BO, I.CC, SCACEO (Southern California/Statewide Association of Code Enforcement Officers), CACEO (California Association of Code Enforcement Officers), or any similar nationally recognized certificating organization in any four (4) of the following Career Development Incentive areas shall receive incentive pay at a rate of five (5) salary rate ranges (approximately two and one-half percent (2.5%)) for each certificate, but not to exceed five (5) certificates, or a total of twenty-five (25) salary rate ranges (approximately twelve and one-half percent (12.5%)). If an incumbent has obtained four (4) such certificates from the menu below, he/she than shall be eligible to earn an additional five (5) salary rate ranges (approximately two and one-half percent (2.5%)) pay additive upon completion of both the SCACEO/CACEO Intermediate and SCACEO/CACEO Advanced Certifications: o Building Inspection o Electrical Inspection o Mechanical Inspection o Plumbing Inspection o Combo Dwelling Inspector o Plans Examiner o Zoning Inspection o Property Maintenance and housing 2019-2022 MOU City of Santa Ana & SEW Full -Time Employees Unit Page 33 o PC 832 o Basic Module (SCACEO/CACEO) o Accessibility Inspector/Plans Examiner o Permit Technician o Coastal and Floodplain Construction Inspector o Disaster Response Inspector If an incumbent has already completed both the SCACEO/CACEO Intermediate and the SCACEO/CACEO Advanced certifications, upon completion of any other four (4) certificates from the menu above, said employee shall be eligible to receive the additional five (5) salary rate ranges (approximately two and one-half percent (2.5%) total) pay additive for the Intermediate/Advanced certifications. In no event shall the expansion of current certificate pay opportunities result in an employee being eligible to earn more than twenty-five (25) salary rate ranges (approximately twelve and one-half percent (12.5%)) in pay additives for Career Development Incentives above his/her then current base monthly salary step. E. An incumbent in one of the classifications listed below who possesses a valid certificate issued by the ICBO (or similar nationally recognized certificating organization) in the areas of reinforced concrete, structural masonry, structural steel/welding, electrical inspection, plumbing inspection, plans examiner, or C27 Iandscape contractors license, shall be paid an incentive pay differential at a rate set above his/her then current base monthly salary step in accordance with the following schedule: One (1) certificate from one specialty area: five (5) salary rate ranges (approximately two and one-half percent (2.5%)); an additional certificate from a second specialty area (total of two (2)): ten (10) salary rate ranges (approximately five percent (5.0%)); an additional certificate from a third specialty area (total of three (3)): fifteen (15) salary rate ranges (approximately seven and one-half percent (7.5%)); an additional certificate from a fourth specialty area (total of four (4)): twenty (20) salary rate ranges (approximately ten percent (10.0%)); and an additional certificate from the fifth specialty area (total of five (5)): twenty- five (25) salary rate ranges (approximately twelve and one-half percent (12,5%)), o Construction Inspector o Senior Construction Inspector (Phis is a newly added classification, which is still subject to the eligibility limitations in Section 5.10 below) F. An incumbent in the classification listed below who possess a valid certificate issued by the ICBO (or similar nationally recognized certificating organization) in the areas of plumbing inspection, electrical inspection, plans examiner, C27 landscape contractors license, turf grass management, or certified arborist by the International Society of Arboriculture (ISA), shall be paid an incentive pay differential at a rate set above his/her then current base monthly salary step in accordance with the following schedule: One (1) certificate from one specialty area: five (5) salary rate ranges (approximately two and one-half percent (2.5%)); an 2014-2022 MOU City of Santa Ana & SEIU Full -Time Employees Unit Page 34 f:b: . additional certificate from a second specialty area (total of two (2)): ten (10) salary rate ranges (approximately five percent (5,0%)); an additional certificate from a third specialty area (total of three (3)): fifteen (15) salary rate ranges (approximately seven and one-half percent (7.51/o)); an additional certificate from a fourth specialty area (total of four (4)): twenty (20) salary rate ranges (approximately ten percent (10.0%)); and an additional certificate from the fifth specialty area (total of five (5)): twenty-five (25) salary rate ranges (approximately twelve and one-half percent (12.5%)). o Contracts Administrator C. An incumbent in one of the classifications listed below who possesses a valid certificate issued by the ISA as a certified arborist shall be paid at a rate of set five (5) salary rate ranges (approximately two and one-half percent (2.5%)) above his/her then current base monthly salary step. o Projects Manager o Tree Maintenance Supervisor o Tree Trimmer o Maintenance Worker II (assigned to the tree crew) o PubIic Works Projects Specialist 11. An incumbent in the classification listed below who possesses a valid certificate issued by the ISA as a certified Tree Worker shall be paid at a rate of set five (5) salary rate ranges (approximately two and one-half percent (2.5%)) above his/her then current base monthly salary step. o Maintenance Worker 11(assigned to the tree crew) 5.10 Limitation on Career Development Incentive Pay A. With the exception of the employee classifications listed in Subsection 5.10(B), employees already receiving career development incentive pay under Section 5.9 prior to June 30, 2012 and who continue to meet the qualifications described in the applicable career development incentive pay provisions of Section 5.9 shall continue to receive said pay under the current career development incentive pay formulas. Employees who did not receive career development pay prior to the June 30, 2012 shall not be eligible to receive it. B. The employee classifications listed below and already receiving career development incentive pay under Section 5.9 prior to June 30, 2013 and who continue to meet the qualifications described in the applicable career development incentive pay provisions of Section 5.9 shall continue to receive said pay under the current career development incentive pay formulas. Employees in the classifications listed herein below who have not received career development pay prior to the June 30, 2013 will not thereafter be eligible to receive it. 2019-2022 MOU City of Santa Ana &. SEIU Full -Time Employees Unit Page 35 l t }V 6 • Assistant Engineer • Assistant Fngineer-Transportation (T) • Associate Engineer • Civil Engineer • Senior Civil Engineer • Senior Engineer • Senior Traffic Engineer C, Any employee hired after September 10, 2010 shall not be eligible to receive career development incentive pay under the career development incentive pay provisions of Section 59. 5.11 Court Appearances A. City_Susiness Compensation for court appearances due to City business shall be as follows: l . For each required court appearance (including but not limited to, depositions, meetings, and interviews) during an employee's off -duty time, said employee shall be paid overtime for the period of time from their arrival at court until they are released from court or the court session closes for that day. However, in no case shall an employee receive less than two (2) hours overtime for a court appearance, If separate court appearances are inade both in the morning and afternoon of a particular day, a minimum of two (2) hours overtime will be allowed for each session attended. If the employee is not released from a morning session and must remain available for afternoon court, the employee shall be paid overtime for all hours the court is in session that day. The employee must provide a copy of the subpoena requiring his/her attendance to initiate payroll procedures. 2, A subpoenaed employee scheduled to appear in court (including but not limited to depositions, meetings, and interviews) on City business during off -duty time may be placed in a standby status by the .Department Head or his/her authorized representative if the employee can respond to the court, if called, within sixty (60) minutes of the employee's notification. In the event such off -duty employee is on standby status during any court session and is not required to appear in court, such employee shall be compensated two (2) hours on a straight time basis, for each said court session. With the approval of the Department Head, the employee may elect, in lieu of 2019-2022 MOU City of Santa Ana & SEW Full -Time Employees Unit Page 36 paid time, to take two (2) hours of compensatory time off for the standby time and not appearing in court. If such off -duty employee on standby actually appears in court, he/she shall be compensated as provided in Section 5.1 lA(1). B. Jury Duty r Witness 1. When an on -duty employee is called to serve as a juror or non-party witness in any court action, he/she shall be allowed to leave for the time actually required for such service without loss of pay. Each cn-duty employee called for such service steal I present his/her Department Head the jury summons or subpoena calling him/her to such service and shall pay into the City Treasury the fees collected for such service, excluding any reimbursement for mileage expenses. 2. If an employee is called to serve on jury duty during a normal day off or on a City holiday, then the jury duty shall be considered the same as having occurred during the employee's regular day off work; therefore, the employee will receive no added compensation. 2019-2022 MOU City of Santa Ana & SEIU Full -Time Employees Unit Page 37U \ ARTICLE VI 6.0 OVERTIME, 6.1 General Poliev for Overtime Work When it shall be determined to be in the public interest for employees to perform overtime work, or in an emergency situation, the City Manager, the Department Head, or a duly authorized designee, may require an employee to perform overtime work. Employees are required to obtain supervisor authorization before working overtime. 6.2 Definition A. Overtime work is defined as authorized or required time worked in excess of forty (40) hours in the workweek schedule of an employee. B. A workweek is a fixed and regularly recurring period of one hundred and sixty- eighi (168) consecutive hours, consisting of seven (7) consecutive twenty-four (24) hour periods. C. The workweek for each employee is designated by the appointing authority. An employee's work schedule within the workweek shall not be changed for the purpose of avoiding payment of overtime; however, nothing shall abridge management's right to establish and change work schedules and assignments in accordance with Article XV111- City Rights. 6.3 Computation of Tort�(40Zlour Workweek in computing the forty (40) hour workweek, the following type of work hours in a paid status shall be included in the computation: e Actual hours worked ® Jury/witness leave s Bereavement leave Any combination of the hours in this section, in excess of forty (40) hours per workweek, shall entitle the employee to overtime. Any paid time off during the workweek for vacation leave, sick leave, holiday leave, Chapter Chair/President's Leave, LJnion Business Leave, and all unpaid leave (including furlough days) shall not be counted towards the hours worked in a workweek for the computation of payment for overtime, unless the hours in excess of forty (40) hours in a workweek (including the above listed time) are worked by the employee at the requirement of his/her supervisor or by management. 2019-2022 MOU City of Santa Ana & SEW hull -Time Employees Unit Page 38 (y?' For example An employee working a Monday through Friday work schedule who takes nine (9) hours of vacation leave, on Manday and works his/her normal thirty-one (31) hours Tuesdav through Friday, would not earn overtime for two (2) hours he/she volunteered to work extra on,Saturday. However, ij'thatsame employee had been required by his/her supervisor or management to work the two (2) hours on Saturday, as opposed to volunteering, the two (2) hours would he compensated as overtime, 6.4 Compensation for Overtime The City's preferred method by which overtime shall be compensated is by monetary payment, at one and one-half (1.5) times the employee's regular rate of pay, subject to the provisions of Section 6.5. 6.5 Comnsato r A. Overtime Conversion to Compensatoov Tune Should the Department Head determine that the best interests of the City will be served thereby, his/her designee may permit an employee to be compensated for overtime work by earning compensatory time off at the rate of one and one-half (1.5) hours for each overtime hour worked. 3. Maximum Accumulation of CompensatoryCompensatoLy Time Employees shall have the option, with Department Head approval, to earn up to a maximum of eighty (80) hours of compensatory time off. C. Use of Compensatory Time 1. Since compensatory time is earned at one and one-half (1.5) hours foreach hour of overtime worked, eighty (80) hours of compensatory time equates to fifty- three point thirty-three (53,33) hours of overtime worked. 2. Such compensatory time off shall be taken at the discretion of the employee when requested at least seventy-two (72) hours in advance, subject to the operational needs and staffing requirements of the department. 3. If the Department Head or his/her designee subsequently denies the requested compensatory time off-, the employee and department will mutually agree on a future date within. one (1) year when the employee can use the paid compensatory time off. If the requested compensatory time off is not used within that one (1) year, such compensatory time will be paid off in cash. 2019-2022 MOU City of Santa Ana & SEIU Pull -Time Employees Unit Page 39 C% \0 4. Compensatory- time off may be taken in increments as small as one-half (0.5) hour. 5. Compensatory time off may not be granted or taken in advance of the overtime work for which the time off compensates. Before compensatory time off.' may be taken, the overtime worked must have been recorded on official payroll records at or about the time the overtime work was performed. In the absence of such recording, no compensatory time off in excess of compensatory hours already banked will be permitted. U. Cash -Out of Compensatory Time Upon an employee's appointment to a position in which overtime may not be earned (FLSA exempt) or upon an employee's separation from employment, he/she shall be paid for all compensatory time accumulated prior to such promotion or separation from service. 6.6 No Effect on Other Benefits Overtime work shall not apply to the canting of employee benefits (retirement, holidays, vacation accrual., sick leave accrual, and employee insurance benefits), toward the completion of probationary period, or to progression within salary rate range. 6.7 Overtime Work to be Minimized To the extent that be/she is reasonably able to do so, the Department Head or his/her designee shall arrange work programs to minimize overtime work. Necessary overtime work shall be apportioned among amployees of like classification and assignment. 6.8 Overtime Work on a Holida Work on an observed holiday which would otherwise be a scheduled day off for dae employee will be paid as overtime. 2019-2022 MOU City of Santa Ana & SEIU Full -Time Employees Unit (VnPage 40 tV�t p71 } ARTICLE VII 7.0 TRAINING & EDUCATIONAL ASSISTANCE PROGRMM 7.1 Pu�pr ose A. To encourage employees to take college courses and special training courses which will better enable them to perform their present duties and prepare them for increased responsibilities. B. To provide financial assistance to eligible employees for education and training. C. To establish eligibility requirements, conditions and procedures whereby such assistance may be provided. 7.2 Eligibility A. Applications for tuition reimbursement will be considered only from permanent employees who have completed probation. B. Employees receiving financial assistance from other sources such as the G.1. Bill, scholarships, etc. shall be eligible for reimbursement, subject to Section 7.3C, in an amount not to exceed the difference between the cost of tuition and the amount of the other fmancial assistance received. C. Applications will be approved only for courses directly related to the employee's job or directly related to a promotional position in the employee's occupational specialty. D. Courses not ostensibly related to the employee's job, but which are required to qualify for a degree that is directly related to his/her job, may be reimbursable only after all required occupationally related courses have been completed. E. Prior to receiving tuition reimbursement, employees must submit documentary proof of having received a grade of not less than "C" for the course. For courses based on a pass/fail criterion, a pass must be received. If objective ratings are not rendered for a specific course, then a certificate of successful completion must be submitted. F. Approval will be limited to the following: 1. Courses given by accredited colleges and universities, city colleges or adult education courses under the sponsorship of a Board of Education. The accredited colleges and universities must come from one (1) of the six (6) regional accreditation bodies for the United States (as approved by the 2019.2022 MQU City of Santa Ana & SEW Full -Time Employees Unit Page 41 / Department of Education), including the Western Association of Schools and Colleges, the Northwest Association of Colleges and Universities, the Middle States Commission on Higher Education, the New England Association of Schools and Colleges, the North Central Association of Colleges and Schools, and the Southern Association of Schools and Colleges. 2. Workshops, seminars, conferences and similar activities, not identifiable as a formal course of instruction within the curriculum of a recognized educational institution, do not fall within the purview of this program but may be authorized and funded by the interested department without coordination with the Human Resources Department. G. When an employee is required by his/her Department Head to attend a particular course or seminar, the expense shall be borne entirely by the department. 7.3 Reimbursement A. Reimbursement will be based on the cost of tuition, required enrollment/registration fees, related miscellaneous fees (health, parking, student union fees, equipment, etc.), all required texts/eBooks, and related materials for each course. Additional expenses, such as meals and lodging are not reimbursable. B. Costs for required texts are eligible for one hundred percent (100%) reimbursement subject to the following conditions: 1. That a duplicate of the required text(s) was unavailable for loan from the departmental libraries prior to the commencement of course work; 2. That any textbook(s) purchased by the City shall be submitted to the employee's respective departmental library in order that such text(s) may be made available to all employees. C. The maximum tuition reimbursement is two thousand five hundred dollars ($2,500) per fiscal year, which the employee may claim either as costs are incurred during the year or as a single lump sum. The maximum tuition reimbursement applies to any reimbursements provided in this article. 7.4 Procedures A. An employee who desires to seek tuition reimbursement under the provisions of this article must complete, in duplicate, an Application for Training and Educational Assistance Forin and submit it to his/her Department Head, including a course schedule or description, prior to the commencement the class(es) or the payment of fees for registration/tuition. B. The Department Head will recommend approval or disapproval based on 2019-2022 MOU City of Santa Ana & SEIU Full Time Employees Unit Page 42 Ali established criteria and budgetary constraints and then forward the application to the Executive Director of Human Resources. C. The Executive Director of Human Resources or his/her designee will approve or disapprove the application for the City Manager.. One (1) copy will be returned to the employee mud the duplicate will be retained by the Human Resources Department. Ct is advisable that the applicant accomplish the procedure so far described in order to ascertain the eligibility of the hntended course of instruction for reimbursement under the provisions of this policy prior to the inception of the course or disbursement of personal funds. D. The employee will submit his/her copy of the approved application to Human Resources Department within three (3) months after he/she has completed the course and received his/her final grade, The employee must include official verification of his/her final grade with appropriate receipts for tuition and textbook costs. These will be returned to the employee upon request. Applications not submitted to the Human Resources Department within three (3) months following completion of the course become void. 1i. Upon receipt of the application and required documentation, the.Human Resources Department will determine whether the completed course of instruction is compatible with the provisions of this article and will compute the amount of reimbursement, authenticate the application and forward it to the employee's Department Head. F. The Department Head will then authorize the Finance and Management Services Agency to reimburse the employee the approved amount out of the budget of the department concerned. 2019-2022 M©U City of Santa Ana & SEIU Full -Time Employees Unit Page 43 (6) ARTICLE VIII 8.0 HOLIDAYS 8.1. City holidays A. City paid holidays observed by the City are as follows: o January 1 - New Year's Day. o Third (31) Monday in January - In observance of Martin Luther King, Jr.'s Birthday. o Third (3 d) Monday in February - In observance of President's Day. o Last Monday in May - In commemoration of Memorial .Day. o July 411- In observance of Independence Day. o First (11� Monday in September - In observance of Labor Day. o November I Ob - In observance of Veteran's Day, o Fourth (41) Thursday in November • In observance of Thanksgiving Day. o The Friday immediately following Thanksgiving Day. o Last working day before Christmas Day, unless Christmas Day falls on Thursday, in which instance, the day following Christmas Day shall be observed in lieu thereof. o December 251- In observance of Christmas Day. o One (1) Floating Holiday - Any workday selected by the employee with prior permission of the employee's supervisor. o Every day proclaimed by the Mayor of the City as a holiday for City employees. o Any holiday which falls on a Sunday will be observed on the following Monday. o Any holiday which falls on a Saturday will be observed on the Friday preceding the holiday. nx 2019-2022 MOU City of Santa Ana & SEIU Full -Time Employees Unit Page 44 B. Holiday Pay/Credit Each City holiday shall be paid, or credited, equivalent to the employees' regularly scheduled work shift. For example; • An employee assigned to a 4110 work schedule would receive ten (10) hours of holiday pay or credit./or each holiday. ® An employee assigned to a .9180 work schedule with alternating Fridays off' would receive nine (9) hours of holiday pay or credit for each holiday, even if the holidav fell on the employee's regular eight (8) hour Friday or scheduled FHday of C. Floatina Holidays 1. Floating holidays shall be credited to each employee's holiday bank on January 1" of each year. 2. A floating holiday shall be credited at a rate equivalent to the employee's regularly scheduled work shift. For example • An employee assigned to a 4110 workschedule would receive ten (10) hours of credit in their holiday bank for the floating holiday. • An employee assigned to a 9180 work schedule with alternating Fridays off would receive nine (9) hours of credit for the floating holidcol 8.2 Holidav Bank. Eligible employees shall be credited, in a manner consistent with Section 8.1, with hours for all holidays listed in this article. The hours shall be credited to the employee's holiday bank at the beginning of each calendar year in lieu of earning the paid holidays as they occur. 1. Eligible employees are: o Employees with regularly scheduled days off other than Saturday and Sunday. • Employees with alternative work schedules in: o Community Preservation. o Police .Records 2019-2022 MOU City of Santa Ana & SEIU Full -Time Employees Unit Page 45 s } ` o Correctional Records o Fleet Services Divisions e Employees on a 9/80 work schedule. If any employee working in the above referenced categories separates from employment prior to December 3 1 ' of any year and has exhausted hours of holiday time (listed in Section 8.1) over their annual accrual, the value of hours not yet accrued but used shall be deducted from the final paycheck. 3. Said substitute holidays maybe scheduled by the Department Head or his/her designee, normally during the same month that the holiday is observed by other City employees. An employee entitled to time off in lieu of holidays shall receive that time off in proportion to his/her service at full pay in such capacity during the year. 8.3 Modified Holiday Schedule - Library Employees Pull -time employees assigned to the Library Department shall, during the term of this MOU, observe holidays on the dates specified in Section 8.1 above. 8.4 Requirements A. Employees, including those separating from service, must be in a paid status on their workday both preceding the holiday and after the holiday in order to receive pay or credit for the holidays provided in Section 8.1 above. B. A newly appointed employee must complete six (6) months of continuous full-time service in order to earn the Floating Holiday listed in Section 8.1 above. Such employees can then use the Floating Holiday as early as the pay period following the completion of six (6) months in a paid status. 8.5 Use of Holiday Time Holiday time may be taken in increments of one-half (0.5) hour. 8.6 Maximum Accumulation of Holiday Holiday benefits may not be carried over from one (1) calendar year to the next. If an employee has any holiday leave remaining at the end of the calendar year it will be forfeited at the end of that calendar year. 8.7 Winter Holiday Closure A. Mandatory Closure tea. City Hall and all other City departments (with the exception of the Police 2019-2022 MOU City of Santa Ana & SEIU Full -Time Employees Unit Page 46` ik Department, Santa Ana Zoo, and select employees in Fleet Services Division of the Public Works Department) shall be closed for a mandatory winter holiday closure each year during the term of this MO1 J. Subject to consultation with the Union, the City Manager may exclude other worksites, departments/agencies, positions, classifications, and/or individuals from the mandatory closure. B. Dates of Closures 1. 2019 a. The closure shall run from Tuesday, December 24, 2019 through Wednesday, January 1, 2020. b. City Hall shall. re -open on Thursday, January 2, 2020 and employees scheduled to work on that day shall return to work. c. Employees shall observe the three (3) City paid holidays provided in Section 8.1 on: s Tuesday, December 24, 2019 (Last work day before Christmas Day) • Wednesday, December 25, 2019 (Christmas Day) • Wednesday, January 1, 2020 (New Year's Day) d. The City shall be dark. on Friday, December 27, 2019. 2. 2020 a. The closure shall run from Thursday, December 24, 2020 through Friday, January 1, 2021, b. City Hall shall re -open on Monday, January 4, 2021 and employees scheduled to work on that day shall return to work. c. Employees shall observe the three (3) City paid holidays provided in Section 8.1 on: • Thursday, December 24, 2020 (Last workday before Christmas Day) • Friday, December 25, 2020 (Christmas Day) o Employees whose regular day off is on Friday, December 251 will receive floating holiday hours for Christmas Day 2020, which may 2019-2022 MOU City of Santa Ana & SFIU Full -Tame Employees Unit Page 47 `�i ��N be used to cover an additional regular day required by the closure. • Friday, January 1, 2021 (New Year's Day) o Employees whose regular day off is on Friday, January I` will receive floating holiday hours for New Year's Day 2021, which may be used to cover an additional regular day required by the 2020 closure. d. The City shall be dark on Friday, December 25, 2020. 3. 2021. a. The closure shall run from Friday, December 24, 2021 through Friday, December 31.2021. b. City Hall shall re -open on Monday, January 3, 2022 and employees scheduled to work on that day shall return to work. c. Employees shall observe the three (3) City paid holidays provided in Section 8.1 on: * Friday, December 24, 2021 (Last work day before Christmas Day) o Employees whose regular day off is on Friday, December 24" will receive floating holiday hours for Christmas Eve 2021, which may be used to cover an additional regular day required by the closure. • Monday*, December 27, 2021 (Christmas Day) * Since December 25`h falls on a Saturday in 2021 and Friday, December 24, 2021 is already a City observed holiday, the City shall observe the Christmas Day holiday in 2021 on the preceding Monday, December 27, 2021 instead. + Friday, December 31, 2021 (New Year's Day) o Employees whose regular day off is on Friday December 3I Ar will receive floating holiday hours for New Year's Day 2022, which may be used to cover an additional regular day required by the 2021 closure. d. The City shall be dark on Friday, December 24, 2021. 2019-2022 MOU City of Santa Ana & SEW Full -Time Employees Unit Page 48 C. Additional Days Off during a Closure 1. Employees will need to choose from the options in this subsection to cover any additional regularly scheduled work days which are not City observed holidays. 2. Employees may use any of the following accrued leaves they have available to cover any additional day(s) off which may be required by the closure: • Vacation • Compensatory Time Off Holiday 3. Employees are not pemvzted to use sick leave for a holiday closure day unless he/she produces a physician's certification for each day reported as sick leave. This additional certification is not required for employees with approved advance sick leave usage due to FMLA/CFRA/PDL (or any other protected leave). 4. Employees shall have the option of not using paid leave for any, or all, holiday closure day(s) and taking the day(s) off as an absence without pay. D. Standby, Assignments during a Closure An employee assigned to standby while using leave for the holiday closure shall receive the additional three dollars and fifty-two cents ($3.52) per hour, as per Section 5.5(C)(2), for each regularly scheduled work hour (i.e., during those hours of the day which cut across his/her regular work hours) he/she is using paid leave for, but is still assigned to standby. Such employee shall still adhere to the provisions of Section 8.7C to cover their regular shift while remaining in standby mode and available for callback, However, if an employee is recalled during their regular work hours, the time spent on the recall shall be deducted from the paid leave for that day. For example: An employee regularly scheduled to work 6: 30 a. m. — 4:00 p. M. on one (1) of the days during the closure uses nine (9) hours of accrued vacation to cover that day. If that employee is recalled from 8:00 a.m. —10:00 a.m. on that same day, he/she will only hm e seven (7) hours of vacation deducted from his/her vacation accrual for that day, E. Callbacks during a Closure An employee who is recalled to active duty on one of the winter holiday closure 2019-2022 MOU City of Santa Ana & SEIU Full -Time Employees Unit Page 49 %th'�5' j �J , days, regardless if recalled during his/her regularly scheduled work hours, or outside of his/her regularly scheduled work hours, or whether he/she has used paid leave during the defined FLEA. workweek, shall be paid at the callback rates defined in Section 5.6. R Sunset Clause This provision shall expire on June 30, 2022 and no additional mandatory winter holiday closures may be implemented after the 2021 winter holiday closure, unless mutually agreed to otherwise by the parties. 2019-2022 MOU City of Santa Ana & SEIU Full -Time Employees Unit Page 50 t ARTICLE IX 9.0 VACATION 9.1 Purpose It is the policy of the City to grant employees vacation leave in order to provide them with a break in their regular work schedule and this purpose will be used as a guide in the administration of the provisions of this article. 9.2 Accrual A. Employees shall accrue vacation on a monthly basis each calendar year, based on completed continuous years of service, as set forth in the following table: Completed Service In ears Annual Accrual M hours Monthly Accrual Rate in hours 1-2 80 6.67 3-5 120 10.00 6 124 10.33 7 128 10.67 8 132 11.00 9 136 11.33 10 140 11.67 11 144 1.2.00 12 148 12,33 13 152 12.67 14 156 13.00 15 160 13.33 16 168 14.00 17 176 14.67 18 184 15.33 19 192 16.00 20 or more 200 16.67 B. Prorated Accrual in Year One An employee who has completed less than one (1) year of service during the calendar year shall receive a proportionate fraction in accordance with the amount of service to his/her credit during the year; provided, however, no employee shall be entitled to, or receive payment for, any vacation until he/she has completed six (6) months of continuous service. 2019-2022 MQU City of Santa Ana & SEIU Full -Time Employees Unit Page 51 C� 11,����r♦4� C. Effect of Extended Sick Leave on Vacation Accrual Absence on sick leave for a period in excess of fifteen (15) consecutive calendar days shall not be considered as service time for vacation accrual purposes. 9.3 Use of Vacation A. Use of Vacation in First Year On or after the first (11) day of the month following completion. of six (6) months of continuous full-time service, an employee may be allowed to take all or a proportionate fraction of his or her earned vacation, subject to scheduling approval of the employee's supervisor. B. Rate of Usage Vacation time off may be taken in increments as small as one-half (0.5) hour, with fractional usage rounded upward to the next higher multiple of one-half (0.5) hour. C. Minimum Umv Upon the completion of. two (2) years of continuous service, each employee must take at least five (5) working days of vacation off each calendar year. d. Time of Usage The time at which an employee may take his/her vacation shall be determined by the Department Head, with due regard for the wishes of the employee and particular regard for the needs of the service. E. Limitation on Usa e With the exception of a retiring employee, no employee is granted, and no employee shall be allowed to take any vacation leave with pay in excess of fifty (50) working days or four hundred (400) hours in any one (1) calendar year. 9.4 Computation of Vacation Use A. Holidays during Vacation. Ira computing vacation, each City observed holiday that occurs during the vacation, and that falls on a day which the employee would have worked had he/she not been on vacation, shall be deducted from the computation so that one (1) additional day of vacation shall be allowed to the employee. t 2019-2022 MOU City of Santa Ana & SEIU Full -Time Employees Unit Page S2 B. Sick. Leave during Vacation Should an employee suffer a sickness or injury while on authorized vacation, each full day of such sick leave, when confirmed by a physician's statement and approval of the Depalvnent Head, may be deducted from the computation of vacation expended and charged against the employee's accumulated sick leave as available. 9.5 Continuous Service Requirement A. A period of earlier service does not apply toward vacation accumulation when an employee has had a break in continuous service, unless the break in service is concluded by reappointment or reemployment from layoff within one (1) year. B. Leave of absences without pay, as provided in this MOU, do not constitute a break in continuous service as used in this section; however, the unpaid Leave of absence period shall not be applied toward the accumulation of vacation. C. Absences due to any statutorily protected leave (i.e. pregnancy disability, FMLAlCFRA, or military leave) shall not constitute a break in service even if the employee was not in a paid status. Such time counts as time in service and the period of absence shall be applied toward the accumulation of vacation. 9.6 Vacation Cash -Out A. Annual Buy Back 1. Through December 31, 2020 Employees shall have the option to receive cash for banked vacation leave, as follows: July 1, 2019 through June 30, 2020: Up to one hundred (100) hours. o July 1, 2020 through December 31, 2020: Up to fifty (50) hours. 2. Effective January 1 2021 and continuing every year thereafter a. If an employee wants to cash -out unused vacation leave they accrued during the calendar year, they must make an irrevocable election by December 150' of the prior calendar year (i.e. by December 15, 2020 for a cash -out in calendar year 2021). b. The irrevocable election must indicate the amount of vacation hours the employee intends to cash -out during that next calendar year. The number of hours to be cashed -out can not exceed the total number of 2019-2022 MOU City of Santa Ana & SEW Full -Time Employees Unit Page 53 Vtti hours the employee will accrue during that same calendar year, or maximum of one hundred (100) hours, whichever is the lesser amount. c. Once the election form is submitted to Human Resources, the amount of hours to be cashed -out can not be changed for that calendar year. d. Fmployees may submit a request for cash -out up to two times (2X) per year — for payment in the pay period which includes July 1 and/or December 15. e. In the event an employee's vacation leave balance ('on either pay period when he/she can elect to cash -out) is less than the amount of hours the employee had previously elected to cash -out (in the prior calendar year), the employee will only receive payment for the amount of accumulated vacation leave remaining at the time of the cash -out in either July or December. f. If an employee makes an irrevocable election to cash -out vacation in the following calendar year and uses vacation leave during that subsequent calendar year, the vacation leave used will first come from vacation leave the employee had earned (if any) prior to January 1S1 of the calendar year the employee had elected to cash -out. The use of such earned, but unused, vacation leave accumulated from previous calendar years shall not result in a reduction in the amount of vacation hours the employee is eligible to cash - out. F. Separatignrim Service Per Labor Code §227.3, the parties agree that an employee who leaves City employment prior to completing six (6) months of service shall not receive any payment for vacation. Employees with at least six (6) months of service upon separation from service shall be paid for all accumulated, but unused, vacation leave. C. !fate of Payment Payments shall be made based on the employee's base rate at the time of the payment. 9.7 Maximum Accumulation A. The maximum vacation an employee may accumulate is what he/she could earn based on his/her completed years of service. 2019-2022 MOU City of Santa Ana & SEIU Full -Time Employees Unit Page 54 U'j` B. An employee whose vacation bank is at the maximum of what he/she can accumulate shall not continue to accrue vacation until the amount of his/her vacation bank is reduced below the maximum cap. C. No employee may accumulate, or carry over from one (1) calendar year to the next, more than the maximum vacation hours as follows: Completed Service (in years) Max Accumulation Cap (in hours) 2 160 3 200 4 240 5 240 6 244 7 252 8 260 9 268 10 276 11 284 12 292 13 300 14 308 15 316 16 328 17 344 18 360 19 376 20 392 21 or more 400 D. Special Provision for 2019 Calendar Year I. Any employee with an accumulation of vacation hours in excess of his/her maximum accumulation cap shall be allowed to maintain such hours in his/her vacation bank througb December 31, 2019. 2. Employees who have "must use" vacation hours in calendar year 2019 will no longer accrue additional "must use" vacation hours after December 31, 2019. 3. Any employee with "trust use" vacation over the maximum accumulation caps, as defined in this section, on January 1, 2020 must use or cash -out the remaining 2019-2022 MOU City of Santa Ana & SEIU Full -Time Employees Unit Page 55 "must use" vacation hours they earned in 2019. Any employee with unused "must use" vacation hours as of January 2, 2020 will forfeit those hours. E. Notwithstanding the foregoing, any affected employee who is in jeopardy of losing vacation because of department staffing needs, may with the approval of the Department Head, Executive Director of Human Resources and City Manager, receive a thirty (30) day extension beyond the normal cutoff date so that such employee will not lose vacation time. 2019-2022 MQU City of Santa Ana & SEIU Full -Time Employees Unit Page 56 ARTICLE X 10.0 OTHER LEAVES OF ABSENCE 1.0.1 Sick Leave A. Definition 'The City provides paid sick leave to eligible employees upon verbal or written request, within the parameters of the law, for the following purposes: • Diagnosis, care, or treatment of an existing health condition, or preventative care of, an employee of an employee's qualified family member; • Specified purposes for an employee who is a victim or domestic violence, sexual assault, or, stalking. B. Accrual Each employee shall be entitled to, and shall earn eight (8) hours of sick leave for each full calendar month of service in which he/she is employed by the City with full pay; provided, however, any absence on sick leave for a period of time greater than fifteen (15) consecutive calendar days in any one (1) calendar month shall not be considered to be service entitling an employee to earn sick leave as aforesaid. C. Use of Sick Leave 1. Authorization for Use Use of sick leave shall be authorized as follows: a. Sick leave is not a right which an employee may use at his/her discretion, but shall be allowed only in cases of necessity and actual sickness or disability, as authorized in this article. b. When an accepted industrial illness or injury has caused an employee's absence, for which benefits are required under the State Workers' Compensation Insurance and Safety Act, paid sick leave will be processed during the first three (3) consecutive days of the statutory waiting period. If the employee does not have sufficient accumulated sick leave at the commencement of such industrial illness or injury, they will be advanced sick leave for this purpose. Subsequently, the City will deduct an equal amount previously advanced from any sick leave accrued by the employee until the total amount is recovered. if the employee terminates before recovery of all advanced sick leave, the City will deduct the unrecovered cost of sick leave from such terminated employee's final paycheck, to the 201.9-2022 MOU City of Santa Ana & SEIU Full -Time Employees Unit Page 57 a extent possible. If the employee remains off work longer than fourteen (14) days due to the same workers' compensation related illness or injury, the employee will have the three (3) sick days used re -credited back to his/her account. The City pays the employee workers' compensation benefits for such illness or injury starting on the fourth (411) day. c. The City may authorize employees to use sick leave, vacation, or compensatory time for approved workers' compensation medical appointments as specified herein. The City may authorize use of such leave for City approved medical appointments whenever such appointments cannot be secured outside the employee's regular workday, and salary continuation or workers' compensation benefits are not available. D. Limit Sick accrual will be capped at sixteen hundred (1600) hours. Sick leave usage shall be charged in minimum increments of a half (0.5) hour. Fractional usage under a half (0.5) hour shall be rounded up to the next higher multiple of a half (0.5) hour. E. Extended Use The City Manager may grant medical leave of up to six (6) months without pay to an employee who has exhausted all of his/her accumulated sick leave if a licensed physician indicates that the employee will be sufficiently recovered to return to his/her employment within a six (6) month period. Prior to the expiration of the additional time, the employee may return to his/her position provided that the employee has a medical certificate from a licensed physician stating that the employee is able to return to work and perform all the duties of his/her position without work restrictions. In addition to the above, the City Manager may grant an additional extension not to exceed a total of one (1) year without pay. Extensio b Use of Accrued Compensatory Time Off and/or Vacation After an employee's sick leave has been exhausted, he/she may be granted permission to first use any unused accumulated compensatory time off benefits and then any unused accumulated vacation leave. G. Notification of Use An employee taking sick leave shall notify his/her immediate supervisor prior to the time he/she is scheduled to report for duty, or as otherwise established by his/her department, 2019-2022 MOU City of Santa Ana & SEIU Full -Time Employees Unit Page 58 'When. the absence is for more than three (3) consecutive working days, upon return to work: the employee must present to his/her Department Head a physician's certificate stating that the employee could not report to work because of such illness or injury, and advising that the employee is sufficiently recovered to safely return to work. Such certificate shall be forwarded to the Executive Director of Human Resources. Upon written request by a Department .Head or designee, a physician's certificate, or other satisfactory written evidence of the need for qualified sick leave usage, may be required after any future absence of any duration less than three (3) days. Such written notice shalt be approved by the Department Head or designee and the stated reason therefore. ICI. Denial No employee shall be entitled to sick leave with pay while absentfrom duty because of sickness or injury purposely self-inflicted or caused by willful misconduct; or because of sickness or injury sustained while engaged in employment, other than employment by the City, for monetary gain or other compensation; or due to other reasons resulting from engaging in any business or activity for the purpose of personal monetary gain or other compensation. Personal Necessity Leave Each employee shall be afforded the opportunity to use up to forty-eight (48) hours of sick leave per calendar year, on a non -cumulative basis, as personal necessity leave. 1. Fantily Sick Leave a. Personal necessity leave may be used to attend to an 'illness of a family member. b. A "family member" means any of the following: • A child, which for purposes of this article means a biological, adopted, or foster elvld, stepeluid, legal ward, or a child to whom the employee stands in loco parentis. This definition of a child is applicable regardless of age or dependency status. • A biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee's spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child. • A spouse • A registered domestic partner 2019-2022 MOU City of Santa Ana & SEIU Full -Time Employees Unit Page 59� �t� t`i • A grandparent • A grandchild A sibling c. A "household member" means: Any member of the employees' household related by blood or marriage; any other relative of the employee by blood or marriage, where it can be established by the employee that the employee's presence is required to handle emergency arrangements and/or other matters. 2. Personal necessity leave may also be used, as follows: • To attend to a serious accident to members of the employee's immediate family • Childbirth • To cope with imminent danger to the employee's family, home, or other valuable property • When the existence of external circumstances beyond the employee's control make it impossible for him/her to report for duty • Attend to medical or dental appointments for members of the employee's household or family member as defined above. Payment for Unused Sick Leave 1. Except in cases of disability retirement, upon non -disciplinary termination of employment and at least ten (10) years of cumulative full-time service with the City, an employee shall be entitled to receive a portion of their total accumulated and unused sick leave balance upon the effective date of such termination, at the rate of pay effective on the date of such termination. Upon termination of employment with the City, all employees must deposit one hundred percent (100%) of their accumulated, but unused sick leave hours into their Retirement Health Savings (RHS) account, based on the criteria below: • For employees who had less than ten (10) years of service with the City as of September 30, 2010, the maximum sick leave eligible, after ten (10) years of full -tine service, shall be equal to one third (1 /3) of the total sick leave accumulated, up to a maximum of three hundred and twenty-five (325) hours. 2019-2022 MOU City of San Full- to Ana & SEW Full -Time Employees Unit Page 60 n•�� ` , \ For employees who have at least ten (10) years of full-time service with the City prior to October 1, 2010, the maximum sick leave eligible, after ten (10) years of full-time service, shall be equal to one third (1/3) of the total sick, leave accumulated, up to a maximum of four hundred and twenty-seven (427) hours. For employees who have at least fifteen (15) years of full-time service with the City, the maximum sick leave eligible shall be equal to two-thirds (2/3) of the total sick leave accumulated, up to a maximum of one thousand and sixty-seven (1067) hours. 2. A lump sum payment of the amount shall be made to the beneficiaries of any eligible employee whose death occurs while such employee is an active employee of the City. Such payment shall be in the amount as described above and at the rate of pay in effect on the date of death. 10.2 Bereavement Leave A. An employee shall be granted up to three (3) working days per incident of paid bereavement leave in case of death of a member of the employee's immediate family. B. "Immediate family" as used in this section is limited to: 1. Any member of the employee's household related by blood or marriage; 2. A parent, parent -in-law, stepparent, spouse, registered domestic partner, child, stepchild, brother, stepbrother, sister, stepsister, grandparent, grandparent -in- law, or grandchild of the employee, regardless of residence; 3. Subject to the discretion of the Executive Director of Human Resources, any other relative of the employee by blood or by marriage where it can be established by the employee that as a result of such relative's death, the employee's presence is reqquired to handle funeral arrangements and/or matters of estate. Cl. Upon request, an employee may use up to two (2) additional work days of leave charged to their Personal Necessity Leave balance when authorized by their Department Head. 2019-2022 MOU City of Santa Ana & SEIU Full -Time Employees Unit Page 61 \1� 10.3 Military Leave A. Proof of Orders and Reinstatements An employee shall be granted military leave if he/she furnishes the Executive Director of Human Resources satisfactory proof of his/her order to report for duty. Upon raturn and upon showing of proof of actual service pursuant to such orders, he/she will be reinstated as provided in Section 143 of the City's Civil Service Rules and Regulations. B. Temporary Leave Members of the reserve forces of the United States or the National Guard granted temporary leave when ordered to duty will be granted leave with pay not to exceed thirty (30) working days in each calendar year after one (1) year of service with the City upon presenting satisfactory proof of orders to and from such temporary active duties. 10.4 Examination Leave Employees participating in examinations conducted during their normal working hours for positions in the competitive service of the City will be granted Ieave with pay for the time actually required without loss of any accrued paid leave. 1.0.5 Unauthorized Absence Unauthorized absence from duty for any duration of time may be considered cause for dismissal. Absence from duty without approved leave for five (5) consecutive working days shall be deemed a resignation from the service; provided, however, if the employee returns to work and provides an explanation for such absence which his/her Department Head finds satisfactory, the Department Head may restore the employee to his/her position, with the City Manager's approval. 10.6 Authorized Absences Without pay -Short Term Absence without pay not to exceed five (5) consecutive work days may be authorized by the Department Head. Absence without pay up to fifteen (15) calendar days may be authorized by the Department Head with the approval of the City Manager. Such an absence may be authorized only if in the judgment of the Department Head it serves the best interest of the City. 10.7 Authorized Absence Without Pay -Long Term Upon receipt of a written request from an employee having permanent status and recommendation of approval by the Department Head, the City Manager with recommendation from the Executive Director of Human Resources may grant a leave of 201.9-2022 MOU City of Santa Ana & SEIU Full -Time Employees Unit Page 62 4,1 absence without pay for up to six (6) months. Additionally, the City Manager with recommendation from the Executive Director of Human Resources may grant an unpaid leave of absence extension of up to one (1) year. An employee returning to duty with the City from such leave of absence shalt infonn the Department Head and the Executive Director of Human Resources of his/her intention at least thirty (30) calendar days prior to the expiration of the leave of absence. Upon receipt of such notice, the Department Head will take steps necessary to restore the employee to his/her former position. 10.8 Industrial Leave Any period of time during which an employee is required to be absent from his/her position by reason of an industrial injury or industrial illness for which he/she is entitled to receive compensation shall not be considered a break in continuous service for the purpose of hisr'her right to salary adjustments or to the accrual of vacation and seniority. 10.9 Pregnancy Disability heave Employees may take an unpaid leave of absence during pregnancy disability consistent with the Pregnancy Disability Law (PDL), Family Medical Leave Act (FMLA) and/or California Family Rights Act (CFRA). A pregnant employee is entitled to a reasonable leave of absence without pay for any temporary disability resulting from pregnancy, miscarriage, childbirth or recovery therefrom. Such reasonable leave of absence shall not exceed four (4) months. However, an employee may be granted up to an additional two (2) months of leave, at the discretion of the City Manager with recommendation from the Executive Director of Human Resources, 'for a total of up to six (6) months in which to recover from the disability. As with all other temporary disabilities, a physician's certificate is required to verify the extent and duration of the temporary disability. An employee who plans to take pregnancy leave must give reasonable notice of at least four (4) weeks before the commencement of the leave and include the estimated duration of the leave. The City will continue to contribute towards the employee's health insurance coverage in accordance with state and federal legislation. The employee will be required to pay a cash premium to continue coverage while on a leave of absence without pay. 10.10 Catastrophic Leave In order to assist employees otherwise granted a leave of absence without pay by the City Manager due to a catastrophic, non -industrial medical condition or injury, the City shall maintain a Catastrophic Leave Donation Program. 2019-2022 MOU City of Santa Ana & SEIU Full -Time Employees Unit Page 63 _ Nothing in this section shall be construed to alter City policies and procedures as provided in the Charter or ordinances of the City or other provisions of this MOU with regard to granting Luipaid leaves of absence. For the purpose of this program, a "catastrophic" condition shall mean any significant personal tragedy such as a life -threatening illness or severe non -industrial illness or injury lasting more than two (2) weeks, which requires the employee to need personal time off beyond the amount of leave time he/she has accrued. Maternity leave or elective surgery, absent significant unplanned complications preventing the employee's return to work, are not considered catastrophic. The Catastrophic Leave Donation Program shall cover the uncompensated time prior to the employee's becoming eligible for the LTD benefits. A. Guidelines It shall be understood that all donations under this procedure are voluntary and subject to taxation for the recipient. 1. EmpIoyees may donate vacation, compensatory time, or one (1) floating holiday to the eligible employee. In no event shall sick leave be donated. 2. Employees shall be provided a two (2) week period to submit donations. Donations received after this two (2) week period shall not be processed. The two (2) week period for each case shall be selected by the Department Head or his/her designee. 3. All donations must be, made in two (2) hour increments, except for floating holiday donations which must be made in Rill days (to be credited to recipient based on the donor's amount of hours for the floating holiday). 4. Any authorization of donations not made in accordance with the procedures outlined in Section 10.1 OC(2) will not be processed. S. All donations shall be irrevocable. 6. In the event the recipient returns to work before leave donations have been exhausted, any balance on the books shall be accrued by the recipient and designated as sick leave and may be used pursuant to Article X. B. Eligibility Regular employees shall be eligible for catastrophic leave donations if the following criteria are met: 1. When it is reasonably foreseeable that all accumulated time on the books, such \iJ 2019 2022 MOU City of Santa Ana & SEIU Full -Time Employees Unit Pa e 64 as sick leave, compensatory time, holiday and vacation, will be exhausted and the employee's absence will continue past the time when the employee will be on paid status. 2. The employee's Department Head or his/her designee must approve a written request for donations accompanied by a medical statement from the employee's attending physician. The attending physician's statement must verify the employee's need for an extended medical leave and an estimate of the time the employee will be unable to work. C. Procedure 1. Upon receipt of a valid request for donations from an eligible employee, the Department Head or his/her designee shall post a notice within forty-eight (48) hours of receipt of the eligible employee's need for donations via email and on bulletin boards accessible to employees. No confidential medical information shall be included in the posted notice. 2. Employees wishing to donate time to an eligible employee must sign his/her authorization of the transfer of such donated time and provide: • His/her name, department name, and employee number. • The number of hours of compensatory, holiday or vacation time to be donated, within the limitations of Section 10,10A(3); • The name, department and employee number of the recipient; • A statement indicating that the donor understands such donation of time is irrevocable. 3. At the close of the donation period, the department shall verify that each donating employee has accrued vacation, holiday, and/or compensatory time balances sufficient to cover the designated donation. 4. The department shall submit all approved donation authorizations for an eligible employee at one time for processing. No donation authorizations for the eligible employee will be processed after this period. However, employees who receive donations under this procedure and who exhaust all donated hours may request an additional donation period subject to the provisions of Section 10.10A. S. The City shall add the donated time to the recipient's sick leave bank. 2019-2022 MOU City of Santa Ana & SEIU Full -Time Employees Unit Pate 65 loi`� ARTICLE XI 11.0 EMPLOYEE INSURANCE BENEFITS 11.1 Medical Health Insurance A. Health Plans The City contracts with the California Public Employees Retirement System (CalPERS) for the provision of health insurance per the Public Employees' Medical and Hospital Care Act (PEMHCA). The City shall make contributions toward the payment of medical health insurance premiums for employees and their eligible dependents enrolled in a medical health insurance plan offered through. CalPERS. The City may choose to offer new medical health plans, other than CalPERS, if they will provide substantially similar or improved coverage and benefits. B. Contributions 1. The City's monthly contribution for medical health insurance shall be based on the plan coverage chosen by the employee, up to the listed maximums: a. Through December 31, 2019 SINGLE (Employee Only) $ 654.00 2-PARTY (Employee+ 1) $1,307.00 FAMILY (Employee+ all dependents) $1,700.00 b. Janugry 1, 2020 through December 31.2020 SINGLE (Employee Only) $ 704.00 2-PARTY (Employee+ 1) $1,357.00 FAMILY (Employee + all dependents) $1,750.00 c. Jpnuary 1, 2021 through December 31, 2021 SINGLE (Employee Only) $ 754.00 2-PARTY (Employee + 1) $1,407.00 FAMILY (Employee+ all dependents) $1,800.00 d. Effective January 1, 2022 and continuing t reafter SINGLE (Employee Only) $ 804.00 2-.PARTY (Employee+ 1) $1,457.00 .. _ _ \ 201.9-2022 MOU City of Santa Ana & SEIU Full -Time Employees Unit Page 6 yl J FAMILY (Employee + all dependents) $1,850.00 The above amounts are inclusive of the CalPFRS statutory minimum amount which CalPERS determines and publishes each year, 2. Any contribution necessary to maintain benefits under said medical health plans in excess of the amounts set forth above shall be borne entirely by the employee. C. Medical Waiver Option An employee who has primary coverage under another non -City sponsored group medical health plan and voluntarily waives, in writing, their City paid medical health insurance coverage shall receive a cash payment each month in an amount equal to fifty percent (501/4) of the total monthly premium amount for the City's lowest cost single "employee -only" medical health plan. If an employee opts out of medical insurance, he/she must be able to demonstrate to the City's satisfaction that he/she has mhiimurn essential coverage, as defined by the Affordable Care Act (ACA), through another source other than coverage in the individual market (whether or not obtained through Covered California). 11.2 Dental Insurance A. The City offers two (2) types of dental insurance plans. One (1) is a Dental Health Maintenance Organization (DIIMO) plan and one (1) is a Preferred Provider Organization (PPO) plan. B. The City shall contribute a maximum amount of up to ninety dollars ($90.00) per month [which will increase to one hundred dollars ($100,00) effective January 1, 2020, and then to one hundred and five dollars ($105.00) effective January 1, 2021, and then to one hundred and ten dollars ($110,00) effective January 1, 2022] for each employee toward the payment of premiums for denial insure -nee plans provided by the City for employees and their eligible dependents. C. Any contribution necessary to maintain benefits under said dental plans in excess of the amounts set forth above shall be borne entirely by the employee. 11.3 Lone -Term Disability Insurance A. The City shall contribute up to ten dollars and thirty-nine cents ($10.39) per month for each employee enrolled in the one hundred and thirty (130) day elimination period long-term disability (LTD) plan. The LTD plan provides a maximum benefit of two-thirds (2/3) of the employee's salary up to twenty-five hundred dollars ($2500.00) per month. 2019-2022 MOU City of Santa Ana & SEIU Full -Time Employees Unit Page, 67 \ v1�b�t`�pl�l v11 1 For employees who elect to upgrade their LTD benefit coverage to a sixty (60) day elimination period plan, the City will contribute up to eleven dollars ($11.00) per month. This plan provides a maximum benefit of two-thirds (2/3) of the employee's salary up to five thousand dollars ($5,000.00) per month. Any amount necessary to maintain benefits under the LTD insurance plans provided by the City in excess of these amounts shall be borne by the employee. B. Effective January 1., 2020 and continuing thereafter, the City shall increase the LTD benefit plan coverage to a sixty (60) day elimination period. with a Five thousand dollar ($5,000.00) per month maximum benefit, for all employees. The City shall provide each employee with this upgraded LTD plan at no cost to the employee. 11.4 Life I surance A. The City shall provide each employee with a thirty thousand dollar ($30,000) group term life insurance policy and a thirty thousand dollar ($30,000) Accidental Death and Dismemberment (AD&D). B. Effective January 1, 2020, the City shall increase both the group term life insurance policy and the AD&D coverage to fifty thousand dollars ($50,000) for each employee. C. The City shall provide these life insurance benefits at no cost to the employee. 1.1.5 Benefits Advisor Committee When there is a need to discuss matters relating to employee insurance benefits and the City believes it would be beneficial to involve a Benefits Advisory Committee (BAC), each party (the Union and the City) shall have an equal ntnnber of representatives on such a committee to meet as necessary. 11.6 Retirement Health Savings XIjKpig, Employees participate in the ICMA-RC "Vantage Care" RHS Plan subject to the following: One and one-halfpercent (1.50%) will be deducted from each employee's base pay and deposited into his/her individual RHS account each pay period. This contribution shall be made on a pre-tax basis. 2. Upon an employee's termination of employment, the cash value of their eligible sick leave balances will be deposited into the individual' s RHS account, based on the criteria in Section 10. tJ and the RHS Plan adoption agreement to provide the 2019-2022 MOU City of Santa Ana & SEICJ Full -Time Employees Unit Pg e 6B l" �\ employee and his/her designated eligible dependents, if any, with benefits under any health insurance program including, but not limited to, the program maintained by the City. 3. Upon retirement, the balance of an employee's accumulated, but unused sick leave, after eligible IMS payments are made, will be converted into CaIPFRS Service Credit per Section 12.3A and Government Code §20965, 11.7 Vision lnsurance A. The City shall offer employees a vision insurance plan. B. For employees who choose vision coverage, all premium costs shall be paid by the employee through a pre-tax payroll deduction. 2019-2022 MOU City of Santa Ana & SEIU Full -Time Employees Unit Page 69 l ARTICLE XiI 12.0 RETIREMENT BENEFITS 12.1 CalPERS Retirement Plans A. The terms of the existing miscellaneous plan contract between the City and CaIPERS govern retirement benefits for employees are incorporated by reference herein. B. The California Public Employees' Pension Reform Act (PEPRA) went into effect on January I, 2013. Based on consideration of various eligibility factors, PEPRA defines each employee as either a "classic" or "new" member of CalPERS. I . "Classic" Members An employee who qualifies as a "classic" member receives a retirement benefit formula of 2.7% @ 55, with no social security coverage. The final average compensation period for a "classic" member is the single highest consecutive twelve (12) months (Government Code §20042). 2. 'New" Members An employee defined as a "new' member (Government Code §7522.20a) receives a retirement benefit formula of 2% @ 62. The final average compensation period for a "new" member is the highest average compensation earned during any consecutive thirty-six (36) month period (Government Code §7522.32a). 12.2 Contributions The City shall continue to make contributions to CalPERS on behalf of each individual employee as follows: A. City Contributions 1. "Classic" Members The City shall continue to each employee's member contribution and report it to CalPERS as compensation eamable [Government Code §20636(C)(4)). This contribution is Imown as the Employer Paid Member Contribution (EPMC), which is equal to eight percent (8.0%) of compensation earnable. Such payments are not increases in base salary and no salary rate range 2019-2022 MOU City of Santa Ana & SEIU Full -Time Employees Unit Page 70 l�� applicable to any employee shall be changed or deemed to have been changed by reason thereof. As a result, the City will not treat these payments as ordinary income and, thus will not withhold Federal or State income tax from said payments. The City has received an opinion or ruling from the Internal Revenue Service (IRS) confirming that these payments are deferred compensation, not ordinary income. 2. "New" Members As required by PEPRA, the City shall participate in equal cost sharing by paying fifty percent (50%) of the normal cost, as established by CaIPERS in its annual valuation report. B. Employee Contributions "Classic" Members The employee contribution rate shall be eight percent (8.0%) of compensation earnable. All employee contributions are paid towards the employer portion of the City's CaIPERS contribution. This payment shall be paid in accordance with Government Code §20516(f) as cost sharing. 2. "Nev' Members As required by PEPRA, the employee contribution rate shall be fifty percent (50%) of the normal cost, as rounded to the nearest quarter of a percent by CalPERS in its annual valuation. C. Pre -Taxable Benefit To the extent permitted by CaIPERS and IRS regulations, the City shall make any employee contributions as a pre-tax deduction. 12.3 CalPERS Benefit Options The City contracts with CalPERS to provide the following additional optional benefits: A. Credit for Unused Sick Leave (Government Code &209651 Upon retirement, an employee may have accumulated, but unused, sick leave converted to additional service credit at the rate of 0.004 years of service credit for every eight (8) hours of unused sick leave up to a maximurn of sixteen hundred (1.600) hours. The City must report only those days of unused sick leave that were accrued by the employee during the normal course of employment. This section applies to 2019-2022 MOU City of Santa Ana & SEW Full -Time Employees Unit Page 71 0 CaIPERS members whose effective date of retirement is within four (4) months of separation from employment. B. MiliW Service Credit as Public Service (Government Code 421024) An employee may elect to purchase up to four (4) years of service credit for any continuous active military or merchant marine service prior to employment. The employee must contribute an amount equal to the contribution for current and prior service that the employee and the employer would have made with respect to that period of service. C. Pre -Retirement Death Benefits 1, Optional Settlement 2W Death Benefit (Government Code §21548) The spouse of a deceased employee, who is eligible to retire from service at the time of death, may elect to receive a Pre -Retirement Optional Settlement 2W Death Benefit. The benefit is a monthly allowance equal to the amount the employee would have received if they had retired from service on the date of death and elected Optional Settlement 2, the highest monthly allowance an employee can leave a spouse. 2. Fourth Level 1959 Survivors Benefit (Government Code 421574) D. Post -Retirement Death Benefits Post -Retirement Survivor's Allowance (PRSA) for continuation of benefits even after remarriage (Government Code §21624, 21626 and 21628). E. Cost of Living Allowance (COLA) (Government Code §21329.) Up to a maximum of a two percent (2.0%) COLA as determined by CaIPERS each year. �---...•�. .�59:,:?K�,x„""__ ... 3 . roc-.as..^e:'ea. ,-- 2019 2022 MOU City of Santa Ana & SEIU Full -Time Employees Unit Page 72 ) li\l tia�°1 ARTICLE XIII 13.0 TOOLS 13.1 Personal Tools Employees in the following classifications shall provide their own personal tools which are ordinarily used in their trade: • Fleet Services Technician I • Fleet Services Technician I1 • Fleet Services Technician III • Fleet Services Supervisor 13.2 Tool Allowance The City will provide at least one (1) vendor account for each employee who has at least one (1) year of service in one of the classifications listed in Section 13.1 above. These employees shall be allowed up to eleven hundred dollars ($1100) per fiscal year in order to purchase tools which, in the sole determination of the Fleet Services Manager, are necessary for the performance of such employees' job duties. Employees will either be reimbursed for their tool purchases or they may purchase tools from the vendor who will then bill the City for the purchases. Employees will be allowed to carry over their unused tool allowances for not more than two (2) consecutive fiscal years. 13.3 Lost or Stolen Tools The City shall bear no liability or responsibility in replacing lost or stolen tools, except as provided in this article. 2019-2022 MQU City of Santa Ana & SEIU Full -Time Employees Unit �Pagp_73, ARTICLF XlV 14.0 UNIFORMS 14.1 Uniforms A. Uniform Maintenance 1. All employees who are required by the City to wear a uniform while on duty shall continue to be provided with seven (7) sets of clean uniforms every two (2) weeks at no cost to the employees. 2. All field/yard maintenance, custodial and equipment repair employees shall be provided with eleven (11) clean sets every two (2) weeks at no cost to the employees. 3. Any employee who wishes to be provided with one (1) or more additional clean sets per week, above the amounts specified in this section, will be required to pay the extra cost incurred for such additional set(s). B. All Police Records Personnel and the Senior Office Assistants assigned to the traffic window shall be provided withthree (3) sets of uniforms and one (1) sweater. 2019-2022 MOU City of Santa Ana & SEW Full -Time Employees Unit Page 74 `ll ARTICLE XV 15.0 SAFETY 15.1 CentralSafes Committee The Union may designate two (2) representatives and two (2) alternates, who may attend only in either of the representatives' absences, to serve on the City's Central Safety Committee. 15.2 Safe , 5_b oes/I3ogLs A. The City agrees to pay up to three hundred dollars ($300) per fiscal year per employee, for the purchase and/or repair of approved safety shoes/boots. The option of purchase and/or repair shall be at die sole discretion of each employee. The employee may purchase their safety shoes/boots from either a City approved vendor or any outside vendor of their choice. B. Employees will be allowed to use this allowance to purchase insoles or other shoe/boot related accessories. C. Code Enforcement employees who are regularly assigned to work involving confiscation or retrieval of evidence or who must regularly enter dangerous or abandoned properties will be eligible for a safety shoe/boot allowance. Code Enforcement employees will be allowed to use this allowance to purchase uniform shirts as approved by the department manager or his/her designee. D. All safety shoes/boots purchased under this program must have steel reinforced toes, insteps and bear the official stamp of approval from the American National Standards Institute (ANSI). E. If a particular classification is designated by the City's Risk Manager as requiring its incumbents to wear safety shoes/boots, then it will be mandatory for all incumbents of that classification to wear the type of safety shoes/boots (boot or low -quarter) deemed to be appropriate by the Department Head. Some exemptions may be allowed, on a case -by -case basis, depending on the type and amotmt of exposure to hazardous conditions in a particular position and subject to the approval or disapproval of the City's Risk Manager. F. The procedure necessary to be followed for the implementation and operation of this program shall be in accordance with the existing policies and procedures as previously established by the City. 2019-2022 MOU City of Santa Ana & SEW Full -Time Employees Unit Pa e 75 ARTICLE XVl 16.0 GRIEVANCE PROCEDURE 16.1 Definition of a Grievance A grievance shall be defined as a timely complaint by an employee, or group of employees, or the Union concerning the interpretation or application of specific provisions of this MOU, or of the rules and regulations governing personnel practices or working conditions of the City, except, however, those matters specifically assigned to the jurisdiction of the City Personnel Board by those provisions of the City Chatter and the Civil Service Rules and Regulations. Employees may dispute any written reprimand filed in their official personnel file through the grievance procedure. 16.2 Informal Process - First Step A. An employee and/or his/her designated representative must first attempt to resolve the grievance on an informal basis through discussion with his/her immediate supervisor without undue delay, but in no case, beyond a period of fifteen (15) working days after the occurrence of the alleged incident giving rise to the grievance, or when the grievant knew or should have reasonably become aware of the facts giving rise to the grievance. B. Every effort shall be made to find an acceptable solution to the grievance through this informal means at the most immediate level of supervision. C. In order that this informal procedure may be responsive, both parties involved shall expedite this process. If, within fifteen. (15) working days, a mutually acceptable solution has not been reached at the informal level, the employee and/or the employee's designated representative shall then set forth the grievance in writing, indicate the specific MOU provision, rule or regulation allegedly violated, the nature of the action desired, sign it, and submit it in duplicate to the employee's Department Ilead. At this point, the grievance review process becomes formal. Should the grievant fail to file a written grievance, and in the manner specified above, within fifteen (15) working days after first discussing the grievance with the employee's irmmediate supervisor, the grievance shall be barred and waived. D. Any resolution of the grievance at the informal stage by any person other than a middle manager or above shall not become precedence or be used to establish past practice regarding implementation, interpretation, or application of this MOU. 2019-2022 MOU City of Santa Ana & SEIU Full -Time Employees Unit Page 76 16.3 Formal Process A. Second Step — Department Head Review The Department Bead or his/her designated representative shall meet with the employee and/or the employee's designated representative within fifteen (15) working days after the grievance has been submitted to the Department Head. If the Union is filing the grievance itself, it may start the grievance procedure at this step, but must do so within the same time limit as provided for in Step One above. The Department Bead, or his/her designated representative, shall review the grievance and may affirm, reverse or modify the disposition made at the First Step and shall deliver his/her answer to the employee and/or the employee's designated representative within ten (10) working days after said meeting. B. Third Step —City Manager Review If the grievance is not satisfactorily resolved at the Second Step, the employee and/or the employee's representative (or the Union itself) may submit the grievance in writing to the City Manager or his/her designated representative within thirty (30) calendar days of being informed of the disposition made at the Second Step. Failure of the grievant and/or his/her designated representative to take this action will constitute a waiver and bar to the grievance, and the grievance will be considered settled on the basis of the disposition made at the Second Step. The City Manager or his/her designated representative shall meet with the employee and/or the employee's designated representative (or the chosen union representative if filed by the Union itself) within fifteen (15) working days after submission of the grievance. The City Manager or his/her designated representative, after careful review, may affirm, reverse, or modify the disposition made at the Second Step and his/her decision, shall be delivered in writing, to the employee and/or the employee's designated representative within fifteen (15) working days after said meeting. A copy of the written grievance to the City Manager, or his/her duly authorized representative, and of the City Manager's or his/her representative's written decision, shall be maintained in the Human Resources Department. C. Fourth Step — Advisory Arbitration If the grievance is not resolved at the Third Step, the Union may request that the grievance be submitted to advisory arbitration for issuance of a recommendation. The Union must advise the Human Resources Department within ten (10) calendar days of receipt of the decision from the City Manager at Step 3 of its desire to request to have the matter considered by an arbitrator. Upon request to submit the matter to arbitration, unless the parties can agree on an arbitrator to hear the grievance, the City will request a list of seven (7) arbitrators from the State 2019-2022 MOU City of Santa Ana & SEIU Full -Time Employees Unit Page 77 � �� Mediation and Conciliation Service. Upon receipt of the list, the parties will strike names, with the Union striking first. Once an arbitrator is selected, he/she will conduct a hearing regarding the grievance. The cost of the arbitrator shall be equally shared between SEW and the City. Once the arbitrator issues his/her advisory recommendation to the parties, the recommendation shall be, submitted to the City Manager who will make a final decision on the grievance within twenty (20) calendar days of his/her receipt of the recommendation. The decision of. the City Manager shall be the final and binding administrative decision on behalf of the City. 16.4 Reservation of Rights After the procedures set forth in this article have been exhausted, the grievant, the Union, and the City shall have all rights and remedies to pursue said grievance under the law. 2019-2022 MOU City of Santa Ana & SEW Full -Time Employees Unit Pa e 78 �� ARTICLE XVff 17.0 UNION RIGHTS 17,1 Union Representatives A. The Union shall have the right to appoint/elect a reasonable number of employee representatives who are recognized by the City as union officers, work site leaders, or stewards, Such reasonable number of work site leaders and stewards recognized by the City shall be limited to eighteen (18) employees. B. The City's Employee Relations Manager shall be provided with a list of the names and classification titles of the Union's officers, work site leaders, stewards, and other union representatives. The Union agrees to inform the City in writing of any changes in said list within ten (10) calendar days of date of change. 17.2 Releaso i A. Grievances During the term of this MOU, the City agrees to grant a reasonable amount of City time, without loss of pay or benefits, to enable the union officers, worksite leaders, and stewards to assist other bargaining unit employees in processing grievances under Article XVI. Union officers, worksite leaders, and stewards shall make advance arrangement with their supervisors prior to absenting themselves for such purpose. The union officers, worksite leaders, and stewards shall be required by the City to record and report to their supervisors the work time spent in assisting other bargaining unit employees pursuant to this provision of the MOU. Any unauthorized or unapproved time used by a union officer, worksite leader, or steward to investigate, discuss, process or meet in conjunction with pursuing a grievance or complaint shall be charged to that employee's vacation or comp time leave bank. The Union shall limit the number of union officers, worksite leaders, or stewards who participate in the investigation or appear at hearings on City time to one (1) representative and one (1) Chapter Board member, 2019-2022 MOU City of Santa Ana & SEIU Full -Time Employees Unit Page 79 B. Union Business Leave in addition to the above time, union officers, worksite leaders, and stewards shall be granted three hundred (300) hours of release time per fiscal year. This leave is cumulative, meaning the total amount of hours allowed each fiscal year is to be shared by all eligible employees in the unit and is not an individual annual allotment of hours for each employee. The purpose of this additional three hundred (300) hours per fiscal year shall be to enable the union officers, worksite leaders, and stewards to participate in union activities which may include conventions, seminars and meetings that are otherwise not covered by this MOU. Such time shall be paid by the Union who will reimburse the City for the hours used by employees of the unit. Such union officers, worksite leaders, or stewards shall provide at least forty-eight (48) hours' advance notice and make arrangements with their supervisors prior to absenting themselves for such purposes. The union officers, worksite leaders, and stewards shall be required by the City to record and report to their supervisors on the work time spent on Union business, Any unauthorized or unapproved time used by a union officer, worksite leader, or steward to conduct union business shall be charged to that employee's vacation or comp time leave bank. Time spent by the Union's Chapter Chair/President, officers worksite leaders, or stewards on Chapter Chair/President's Leave and/or Union Business Leave, under this section, shall not be considered time worked for computation of overtime according to the FLSA. C. Chapter Chair/Presidecrt's Leave 1. During the term of this MOU, the City agrees to grant the I-Won's Chapter Chair/President (President) half ofhis/her workweek as paid release time which shall be reimbursed to the City by the Union. Such release time is subject to the following terms and conditions: a. The President will conduct any union business performed during the half of his/her work week while on release time under this section off the worksite. However, the President may conduct union business on worksites pursuant to Section 17.3 - Worksite Access. b. The Department Director of the President may approve additional time off for the President to attend union seminars and other business on a prescheduled basis. Such additional time off shall be paid for by the Union or deducted from the President's vacation or compensatory time bank. 2019-2022 MOU City of Santa Ana & SEW Full -Time Employees Unit Page 80 c. Upon written request of the Union, the Department Director of the President will schedule the President to be offsite for half of each workday to conduct union business. The Department Director shall schedule the President to be onsite working on City business each half day of each normal work week. The Department Director may change the schedule of the President upon reasonable notice to the employee. d. During the period of time the President is performing City work, he/she shall receive no union -related phone calls or visitors. 'Persons who call or wish to see the President regarding union -related matters during his/her work time shall be referred to the Union's offsite office. e. Time spent by the President on Chapter Chair/President's Leave shall not be considered time worked for the computation of overtime according to the FLSA. f. The Union shall reimburse the City for one hundred percent (100%) of the employee's salary, including any premium payments and benefit costs, for the Chapter Chair/President's Leave time. The Union agrees to pay for Union Business Leave and Chapter Chair/President's Leave within thirty (30) calendar days of receipt of the bill from the City. The bill will be sent on a monthly basis. If the bill is not paid within thirty (30) calendar days of receipt, the City shall deduct such amount from the union dues collected from the employees on behalf of the Union. In the event a portion of the bill is rightfully contested, the City shall only deduct the non -contested portion from the union dues, Any issues related to the bill must be brought to the attention of the Executive Director of Human Resources within fifteen (15) calendar days of its receipt and must be resolved within the remaining fifteen (15) calendar days, so that the bills are paid in a timely manner or within thirty (30) calendar days of its receipt. 2. Evidence ofInu nee a. The Union shall provide an insurance policy or policies, or certificate of such insurance, naming the City, its officers and employees as insured or additional insured which provides coverage against liability for any and all claims and/or suits for damages or injuries to persons or property resulting from or arising out of any act or omission of said union representative. Said policy or policies of insurance shall provide coverage for both bodily injury and property damage not less than the following minimum amounts: one 2019-2022 MOU City of Santa Ana & SEIU Full -Time Employees Unit Page 81 {� million dollars ($1,000,000) combined single limit or its equivalent. Said policy or policies shall also contain a provision that no termination, cancellation or change of coverage of insured or additional insured shall be effective until after thirty (30) business days' notice has been given in writing to the City. b. The Union shall provide the City with an insurance carrier certifying that it carries primary workers' compensation insurance on behalf of said union representative and the policy shall not be canceled not coverage reduced until after ten (10) business days' notice has been given in writing to the city. 3. Indemiu Clause 'I'he Union shall indemnify and save harmless the City, its officers and employees from and against any and all damage to property or injuries to or death of any person or persons, including property and employees or agents to the City. The Union shall defend, indemnify, and save harmless the City, its officers and employees from any kind and all claims to demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitations, workers' compensation claims, resulting from or arising out of the negligent acts, errors, or omissions, arising out of the intentional or malicious acts of the union's representatives. 4. Duty Requirements The Union and the City agree that the President will not be required to carry out any City duties during the time they are on Chapter Chair/President's Leave for half of the normal work week. The President will be required to comply with the rules and regulations of the City as they apply to off -duty employees, except such President will not be required to report to work for any purpose during the half of the normal work week designated as Chapter Chair/President's Leave time. 5. Return to Duty Upon return to full-time City duty from Chapter Chair/President's Leave of half of the normal work week, the President shall be restored to the same position without loss of any benefits as he/she would have occupied or accrued if there had been no disruption in duty status. D. Meet and Confer 1. In the event the Union is formally meeting and conferring with representatives of the City on matters within the scope of representation during regular City 2014-2022 MOU City of Santa Ana & SEW Full-T€me Employees Unit Page 82 business hours, a reasonable number of union officers, employee representatives, or other union officials shall be allowed reasonable time off without any loss of compensation or other benefits. 2. Such union officers and employee representatives shall not leave their duty/work station or assignment without the prior knowledge oftheir supervisor or manager. 3. Such meetings are subject to scheduling in a manner consistent with City operating needs and work schedules, E. Release Time Process I . Release of employees for Union Business Leave shall be done on the same basis as employees who are released from duty for vacation leave, except that requests for Union Business Leave shall not unreasonably interfere with the operation of the City department and shall be approved by the employee's Department Head. 2. The Department head shall not unreasonably withhold permission to utilize Chapter Chair/President's Leave and/or Union Business Leave from any employee who has been duly authorized by the Union to take such leave. 3. The President shall have half of the normal work week, or one thousand and forty (1,040) hours per year, of time off to conduct union business. Such time shall be paid by the City and reimbursed to the City by the Union. 4, Release time used under this section must be appropriately coded into the City's payroll system. each pay period, so that it can be properly tracked by the City. The City shall provide separate payroll codes for the different types of release time. 17.3 Works Lie Access A. Union officers, worksite leaders, stewards and/or union staff shall be permitted to visit break and lunch areas designated by the City, before or after work, or during designated lunch periods for the purpose of discussing union business, provided that arrangements are made in advance with the manager responsible for the worksite. B. Such visits shall not disrupt the work of City employees or interfere with the normal operations of the department, or with established safety and security requirements. Where any such problems arise, the Union and the City will agree on an alternate meeting/conference facility for the purpose of providing a place for the Union to hold meetings before or after work or during lunch periods. If the alternate meeting site is a City facility during non -working hours, its scheduling and use shall be 2019-2022 MOU City of Santa Ana & SEIU Full -Time Employees Unit nPage 83 41. ` �h `1p�tll governed in accordance with regulations pertaining to the use of public meeting rooms at City facilities. C. Solicitations of membership and all activities concerned with the internal management of the Union, such as collecting dues, holding membership meetings, preparation of petitions, preparation of proposals, campaigning for office, conducting elections and distributing literature, shall not be conducted during working hours. U. Employees may voluntarily perform those duties assigned to them by the Union, but in no event shall they have the right to interfere with the performance of work of any other employee or interfere with City operations. 17.4 Use of Bulletin Boards Space shall be made available to the Union on the City's existing employee bulletin boards for the purpose of posting notices pertaining to Union business, subject to the following conditions A. Material posted by the Union shall not include campaign material on municipal election matters, including elections for City Council, other City positions, or other municipal. political matters. B. Material posted shall not be derogatory to the City, City employees or other employee organizations. C. All materials shall be dated, identify the 'Union and bear the signature of the authorized representative(s) of the Union validating the posting. D. The City reserves the right to determine what reasonable portion of employee bulletin boards are to be allocated to union materials. E. If the Union does not abide by these provisions, it will forfeit its right to have materials posted on the City's employee bulletin boards. F. The Union shall not be permitted to post any material that is prohibited by State law or the City Charter. 17.5 Use of Citv Facilities The City shall allow the Union to conduct meetings in the City's public meeting rooms during non -working hours provided such meetings are scheduled in accordance with regulations governing the use of public meeting rooms at City facilities. The Union shall not be permitted to use such City facilities to discuss or present any matter that is prohibited by State law or the City Charter. 2019.2022 MOU City of Santa Ana & SEIU Full -Time Employees Unit Page 84 NP4n 1 ' 17.6 Payroll Deductions A. Union Deductions The City shall make deductions on a regular basis each pay period from the pay of each employee who voluntarily authorizes such union deductions in writing. The City shall provide a separate dedicated payroll code for this deduction. B. Rez " taztce of Funds The Union shall provide the City with an authorized deduction report each pay period which includes a list of the employees who have authorized union deductions and the amount of such deductions. The City shall make the applicable deductions from the employee's paychecks and electronically remit such funds to the Union via Electronic Funds 'Transfer (EFT) following their deduction. The City shall also send an itemized report, in Excel format, to the Union at dues@seiu721.org. The report shall include a list of all union members in the bargaining unit and include the following information on each union member: first name, last name, employee identification number, employment status (i.e. active or on an unpaid leave of absence), base salary earned in the pay period, salary step, total hours in a paid status for the pay period, and the amount remitted on behalf of the employee. The remittance of funds and itemized report shall be sent to the Union semi- monthly. C. Maintenance of Dues Payroll Deduction Any employee who has authorized union dues deductions on the effective date of this MOU, or at any time subsequent to the effective date of this MOU, shall continue to have such dues deduction made by the City during the term of this MOU, provided, however; that any employee may revoke such dues deductions in the last twelve (12) months of this MOU during the twenty-one (21) calendar day period preceding the employee's date of hire anniversary, by notifying the Union of their revocation of union dues deductions. Such notification shall be in writing and contain the following information: employee name, employee identification number, job classification, department name, bargaining unit, and name of the employer from which such dues deductions are to be cancelled. Upon request, the Union will inform the union member of his/her dues deduction revocation date. The Union will provide the City with the appropriate documentation to process these dues revocations within ten (10) business days after the close of the withdrawal period. 2019-2022 MOU CI of Santa Ana & SEIU Full -Time me Employees Unit Page,S >� \� D. Indemnification The Union shall indemnify and hold the City, its officers and employees, harmless from any and all claims, demands, suits, or any other action arising from this section. In no event shall the City be required to pay from its own funds, union dues, which the employee was obligated to pay, but failed to pay, regardless of the reasons. 17.7 Reporting Requirements The City agrees to provide the Union with an updated employee list every sixty (60) days, which includes the following information on each employee: first name, last name, employee identification number, date of hire, bargaining unit (i.e. full-time employees unit), job classification, change in employment status (i.e. separated from service, retired, promoted, demoted, etc.), effective date of change in employment status, physical home address, home mailing address (if different), home phone number, personal cell phone number, personal email address (if known), work location, work phone number, salarystep, and current rate of pay. The City shall send these reports, in Excel format, to the Union at dues@seiu721.org. An employee shall retain his/her right to opt -out of providing personal information to the Union. 17.8 New Employee Orientations The City agrees to distribute union membership pamphlets to bargaining unit employees at the new employee orientation sessions conducted by the City, if such sessions are conducted. 2019-2022 MOU City of Santa Ana & SEIU Full -Time Employees Unit Page 96� y �h ARTICLE XVIII 18.0 CITY RIGHTS 18.1 Manaeement Riehts The, City reserves, retains, and is vested with, solely and exclusively, all rights of management which have not been expressly abridged by specific provision of this MOU or by law to manage the City, as such rights existed prior to the execution of this MOU. The sole and exclusive rights of management, as they are not abridged by this MOU or by law, shall include but not be limited to the following rights: A. To manage the City generally and to determine the issues of policy. B. To determine the existence or nonexistence of facts which are the basis of the management decision. C. To determine the necessity of organization of any service or activity conducted by the City and expand or diminish services. D. To determine the nature, manner, means, and technology, and extent of services to be provided to the public. L. To determine methods of financing. F. To determine types of equipment or technology to be used. G. To determine and/or change the facilities, methods, technology, means, and size of the workforce by which the City operations are to be conducted. H. To determine and change the number of locations, relocations, and types of operations, processes, and materials to be used in carrying out all City functions, including but not limited to the right to contract for or subcontract any work or operation of the City. 1. To assign work to and schedule employees in accordance with requirements as determined by the City, and to establish and change work schedules and assignments. To relieve employees from duties for lack of work or similar non -disciplinary reason,. subject to the provisions of the City Charter, Municipal Code, Federal and State law and this MOU. K. To establish and modify productivity and performance programs and standards. 2019-2022 MOU City of Santa Ana & SEIU Full -Time Employees Unit Page 87 L. To discharge, suspend, demote, or otherwise discipline employees for proper cause in accordance with the provisions set forth in the City Charter and Santa Ana Municipal Code, M. To determine job classifications and to reclassify employees. N. To hire, transfer, promote and demote employees for non -disciplinary reasons in accordance with this MOU. O. To determine policies, procedures, and standards for selection, training and promotion of employees. P. To establish employee performance standards including but not limited to quality and quantity standards and to require compliance of such standards. Q. To maintain order and efficiency in its facilities and operations. R. To establish and disseminate and/or modify rules and regulations to maintain order and safety in the City which are not in violation with this MOU. S. To take any and all necessary action to carry out the mission of the City in emergencies, 18.2 Meet: and Confer on Impact Except in emergencies, or where the City is required to make changes in its operations because of the requirements of law, whenever the contemplated exercise of management's rights shall impact on a significant number of employees of the bargaining unit, the City agrees to meet and confer in good faith with representatives of the Union regarding the impact of the contemplated exercise of such rights prior to exercising such rights, unless the matter of the exercise of such rights is provided for in this MOU. �.._._ — 2019-202?. MOU City of Santa Ana & SElU Full -Time Employees Unit Page V n v\ V ARTICLE XIX 19.0 ANTI-STIZJKE CLAUSE 19.1 Prohibited Conduct A. The Union, its officers, agents, representatives, and/or members agree that during the term of this MOU, they will not cause or condone any unlawful strike, walkout, slowdown, sick-out, or any other unlawful job action by withholding or refusing to perform services. B. There shall be no lockouts by the City during the term of this MOU. C. Any employee who participates in any conduct prohibited in Subsection A above shall be subject to suspension, demotion or dismissal by the appointing authority without right of appeal to the Personnel Board in accordance with City Charter Section 1014, 19.2 Union Responsibility In the event that the Union, its officers, agents, representatives, or members engage in any of the conduct prohibited in Section 19,1 A above, the Union shall immediately instruct any persons engaging in such conduct that their conduct is in violation of this MOU and unlawful, and they must immediately cease engaging in the prohibited conduct and return to work. 2019 2022 MOU City of Santa Ana & SEIU Pull -Time Employees Unit Page 89 IV \ ARTICLE XX 20.0 LAYOFFS 20.1 Notice of Layoff It is the hope of the City not to separate any employee(s) from employment because of a reduction in the workforce during the term of this MOU. However, circumstances arising during the term of this MOU may require such separation(s). In that event, the City will provide reasonable notice to the Union of the details of the separation(s) in order to meet and exchange information, opinions and proposals regarding the consequence(s) of the separation(-,) on the employee(s). This provision in not intended to be a waiver of any other rights the parties may have under this MOU. 20.2 Order of Lavoff A. The principles of seniority (length of service) shall govern layoffs as described herein, except in the event that more than one (1) employee has the same seniority date, in which case performance also shall be considered. The City's determination of performance shall not be arbitrary or capricious in nature. C. Any dispute over the application of the principles outlined in this article shall be subject to the grievance procedure. D. Classification seniority is defined as length of service in the classification, and shall begin on the first date worked by the employee in that classification. Whenever a position within a classification is to be eliminated, resulting in the layoff of an employee, seniority shall govern the order of layoff. The employee with the lowest seniority in the affected classification shall be laid off first, E. In lieu of layoff, an employee may elect to work in a lower classification, in which he/she has served, providing that classification is within the same job family/career ladder. In that event, the employee's length of service in the next lower classification will be added to his/her length of service in the affected classification, and said combined seniority shall be used to bump down into the next lower classification. This method of combining seniority shall be applied to subsequent lower classifications. 20.3 Reemployment List The reemployment list shall be valid for one (1) year from the date or its establishrnent. Reemployment shall be in reverse order of layoffs. 2019-2022 MOU City of Santa Ana & SEIU Full -Time Employees Unit Page 90 �x 20.4 Temporary Appointment An employee who is laid off from full-time City employment pursuant to this article, may be granted a temporary appointment to a vacant position in any classification for which there is no eligible list and for which said employee meets the minimum qualifications established for the classification and possesses the requisite knowledge, skills and abilities to satisfactorily perform the work of the classification. Such temporary appointment will be terminated upon the establishment of a new eligible list for the classification or one (1) year following the initial day of such temporary appointment, whichever occurs first. 20.5 Contracting Out If it is decided to contract out work currently being performed by employees of this bargaining unit and it is projected that no employee covered by this MOLT is to be laid off, receive a reduction in hours worked, or receive a loss in pay due to said contracting out, the City shall provide the Union reasonable notice of the decision to contract out, will meet with the Union upon the Union's request over the impact of the decision to contract out, and will consider reasonable alternatives provided by the Union. If the City determines to replace employees covered by this MOU by contracting out the work it will expeditiously notify the Union of its intentions. Upon request by the Union the City will schedule meetings with the union leadership to discuss this objective and give the Union the opportunity to present information before any final decision. The City and union leadership agree to commence meeting with each other when practicable for a period not to exceed forty-five (45) calendar days, unless mutually agreed to meet longer. At the end of the agreed upon time and if the parties have not achieved satisfactory resolution, the issues will be resolved per the impasse process). Notwithstanding the above paragraph, if any bargaining unit member is laid off as a result of a decision by the City to contract out work, the City shall make a reasonable effort to cause the affected employee(s) to become employed by the company or entity with which the City contracted for the applicable services. Prior to bringing any requests for proposal (RFP) to the City Council which would result in the contracting out of bargaining unit work, and prior to any such requests being issued seeking such proposals, the parties agree to the following: A. The City will inform SEIU in writing of its intent to submit such request to the City Council for approval. B. The City will inform SEIU in the same writing of its right to request to meet to discuss the proposed R.FP prior to bringing it to the City Council or seeking such proposals to give SEIU the opportunity to discuss its position regarding the RFP with the City. 2019-2022 MOU City of Santa Ana &x SEIU Full -Time Employees Unit Page 91 ��)\ C. The City agrees to meet with SEIU (at its request) at least twice within twenty (20) working days of the written notification of the RFP to consider SElU's positions regarding the RFP. The City agrees that upon mutual agreement of the parties, it will agree to meet more than twice prior to bringing the RFP to the City Council and upon mutual agreement may agree to give SEIU more than twenty (20) working days in which to conduct the meetings with the City representatives. D. The City also agrees that if the existing employees who will be impacted by the contracting out (Le. those employees whose work will be contracted out if there is an RFP accepted by the City) wish to bid for the work by submitting a response to the RFP, the City will consider such response along with the other responses received. E. After the City receives the bids and identifies the most responsible bidder, the City will notify the Union, who will have five (5) calendar days to submit information to the City as to why it believes the City should keep the work in house and how the employees in this unit can perform the work. 2019-2022 MQU City of Santa Ana&. SEIU Full -Time Employees unit Pate 92 ARTICLE XXI 21.0 MISCELLANEOUS PROVISIONS 21.1 Joint Labormana.gement Teams The City and the Union agree to form Joint Labor Management teams for the purpose of exploring issues of mutual concern, including discussions on job family/career ladders. Each team shall be comprised of an equal number of labor and management employees and shall be chaired by the Employee Relations Manager. In no case shall the activity of a team create a delay or hindrance to the ongoing operation of the City. The City and the Union shall hold a meeting upon the City's or the Union's written request to meet. 21.2 Performance Appraisals Non -probationary performance appraisals not completed within six (6) months of the due date shall be stayed and the employee shall next become subject to evaluation upon the end of the evaluation period next following. Provided that merit advance performance appraisals shall be completed in accordance with Section 4.8 — Advancement Within Ranges. 21.3 Driving City Vehicles A. Driver's Alert Decal -Based Monitoring Program By identifying high -risk driving behavior and drivers who engage in unsafe driving acts, the purpose of this program is to intervene quickly to correct and control these risk factors and high -risk activities. Driver's Alert SMART RISK"' identifies the, specific drivers who are at high risk to cause an at -fault crash, so it can be prevented. Reporting is done via 1 (800) number and an identification number on "How Am I Driving?" decals affixed to City vehicles. Reports will be transmitted to the impacted manager and can include complaints or compliments regarding a driver's activity. There is currently no discipline or reward policy in place that would impact employees being reported by this program. B. Automatic Vehicle Location (AVQ System The automatic vehicle location (AVL) system is a means for automatically determining the geographic location of a vehicle and transmitting information to a requestor. Reporting information from AVL will include route, vehicle operations, destination and idle times. The information will be used to monitor the location and usage of a 2019.2022 MOU City of Santa Ana & SEIU Full -Time Employees Unit Page 93 vehicle to ensure the most energy and time -efficient routing and operation of vehicles. AVL database information may only be accessed and subsequently used by supervisory and management employees in participating division operations. The AVL system is not intended to monitor employee behavior; however, it may provide, but not prove to be the sole basis, for disciplinary action if data indicates employee failure to provide efficient and productive service throughout the workday. 2019-2022 MOU City of Santa Ana & SEW Full -Time Employees Unit Page 94 ARTICLE XXII 22.0 FULL, UNDERSTANDING, WAIVER & SEPARABILITY 22.1 Intent of Aereement It is understood and agreed that the parties to this MOU are subject to all current and future applicable Federal and California laws, the City of Santa Ana Charter and Municipal Code, as well as the City's EERR (01-75). The provisions of this MOU shall supersede all prior agreements and MOD's, or contrary salary and/or personnel rules and regulations or achninistrative codes, provisions of the City, oral or written, express or implied between the parties, and shall govern the entire relationship and shall be the sole source of any and all rights which may be asserted hereunder. This MOU is not intended to conflict with Federal or State law or the City Charter. 22.2 Rules and Regulations Notwithstanding the abovementioned language, City personnel rules and regulations and departmental rules and regulations exist. These rules and regulations shall be continued to the extent they do not breach specific provisions of this MOU. Such rules and regulations may, from time to time, be changed by the City. If these changes affect wages, hours, and/or other terms and conditions of employment, the City shall meet and confer with the Union; provided, further, however, no provision of the rules and regulations shall be changed to breach specific provisions of this MOU. 22.3 Waiver of Bar aig nin Except as otherwise specifically provided herein, this MOU fully and completely incorporates the understanding of the parties regarding the provisions contained in this MOU. Neither party shall, during the term of this MOU, demand any change to the MOU, except that nothing shall prohibit the parties from changing the terms of the MOU by mutual agreement and in writing signed by the parties. 22.4 Emergency Waiver Provision In the event of circumstances beyond the control of the City, such as acts of God, fire, flood, insurrection, civil disorder, national emergency, or similar circumstances, provisions of this MOU or the Personnel Rules or Resolutions of the City, which. restrict the City's ability to respond to these emergencies, shall be suspended for the duration of such emergency. After the emergency is declared over, this MOU will be reinstated immediately. The Union shall have the right to meet and confer with the City regarding the impact on employees of the suspension of the provisions in the MOU during the course of the emergency. 2019-2022 MOU City of Santa Ana & SEIU Full -Time Employees Unit Page 95 �� 04 22.5 Separability Provision Should any provision of this MOU be found to be inoperative, void, or invalid by state or federal law, or by a court of competent jurisdiction, all other provisions of this MOU shall remain in full force and effect for the duration of this MOU, provided that if any such affected provisions invalidate or void any benefits of employees covered hereunder, the parties shall forthwith commence negotiations to replace the invalidated benefits with benefits of comparable value. 2019-2022 MOU City of Santa Ana & SEIU Full -Time Employees Unit Page 96 �( EXECUTION OF THE NEW AGREEMENT On November 7, 2019, this MOU was ratifiedby a simple majority vote of unit employees who are .in full-time classifications represented by the Union. On November 19, 2019, this MOU was approved by a vote of the City Council of the City of Santa Ana on agenda itemN , Following its execution by the parties hereto, the City Council shall implement its terms and conditions by appropriate lawful action. In witness thereof, the parties hereto have caused this agreement to be executed this _ day of November 2019. PARTIES TO THEAGREEMENT ATTEST: Daisy Gomez, Clerk of the Council LEGAL COUNSEL FOR CITY OF SANTA ANA 2019-2022 MOU City of Santa Ana & SEW Full -Time Employees Unit Page 98 ^+� onl V ARTICLE XXIII 23.0 TERM OF MOU 23.1 The term of this MOLJ shall be from July I, 2019 through June 30, 2022. 2019-2022 MOU City of Santa Ana & SEIU Full Time Employees Unit Page 97 SEIU Local M Bargaining Committee Angel Agosto Public Works -- Water Robert Aguirre Public Works — Engineering Tony Carrillo Fleet Services Richard "Rick" Charbeneau Public Works — Water Robert Gonzales Public Works — Water Dora Holguin Community Development Teresa "Terri" Ibarra Library Jaime V. Lopez Community Development Jorge "George" Navarro Public Works - Water Robert Strong Police Department Jonathan Vargas Public Works - Water Paula Wood Police Deparment 2019-2022 MOU City of Santa Ana & SEIU Full -Time Employees Unit Page 99 EXHIBIT A LIST OF REPRESENTED FULL-TIME CLASSIFICATIONS Accountant I Accountant 11 Accounting Assistant Accounting Assist-anUSysterns Technician Accounts Payable Supervisor Active Transportation Coordinator Arts & Culture Specialist Asset Management Analyst Assistant Buyer Assistant Engineer Assistant Fleet Services Technician Assistant Instrument Technician Assistant Librarian Assistant Parks/Landscape Planner Assistant Plan Check Engineer I Assistant Plan Check Engineer II Assistant Planner I Assistant Planner I1 Assistant Traffic Operations Engineer Associate Engineer Associate Park and Landscape Planner Associate Plan Check Engineer Associate Planner Bibliographic Technician Building Inspector Building Maintenance Aide Building Maintenance Supervisor Building Maintenance Technician Building Technician Business Tax Collector/Inspector Buyer Buyer/Systems Technician Central Services Supervisor Civil Engineer Code Enforcement Associate Code Enforcement Officer Code Enforcement Supervisor Combination Building Inspector Community Development Analyst Community Development Commission Secretary ...y....z^.-�:�ma_'.�..�„'ma:uue�ame-�np"-u:-�nr�T's__, ..._,.—,..�_.._.�.._ '"—•"°"«"^�"u a,:-ww...:aw..w.w-e......m.,a 2019-2022 MOU City of Santa Ana & SEIU Full -Time Employees Unit Page 100 . S(} �h Community Development Technician Community Events Supervisor Community Liaison Community Services Supervisor Computer Operator Computer Programmer Computer Systems Analyst/Programmer Construction Inspector Contracts Administrator Correctional Records Specialist Correctional Records Supervisor Custodial Aide/Porter Custodian Custodian Supervisor Customer Service Representative Data Entry Office Assistant Data Entry Operator Data Entry Specialist Deputy Clerk of the Council DNA Coordinator Economic Development Aide Economic Development Specialist I Economic Development Specialist II Economic Development Specialist III Electrical Inspector Engineering Aide Engineering Technician Equipment Operator Equipment Operator - Water Services Facilities Supervisor Fleet Parts Specialist Fleet Services Supervisor Fleet Services Technician I Fleet Services Technician Il Fleet Services Technician Ill General Maintenance Aide General Maintenance Leader General Maintenance Supervisor General Maintenance Worker GIS Administrator GIS Systems Analyst/Programmer Graphics Designer I Graphics Designer II 2019-2022 MOU City of Santa Ana & SEIU Full -Time Employees Unit page 101 ��1014,cN Housing Authority Aide Housing Authority Analyst Housing Authority Coordinator Housing Authority Operations Supervisor Housing Programs Aide Housing Programs Analyst Housing Programs Coordinator Housing Specialist I Housing Specialist 11 Information Services Representative Instrument Technician Lead Accounting Assistant Lead Correctional Records Specialist Lead Police Records Specialist Librarian Library Aide Library Services Assistant Loan Specialist Mail Clerk/Messenger Maintenance Assistant Maintenance Worker I Maintenance Worker II Meter Reader Collector Micro System Programmer Micro Systems Technician Neighborhood Improvement Projects Specialist Network Engineer Network Specialist/WAN Systems Administrator NPDES Manager Office Assistant Office Specialist Office Supervisor Park Maintenance Aide Park Ranger Park Services Inspection Supervisor Park Services Inspector I Park Services Inspector1I Parking Meter Operations Supervisor Parking Meter Technician I Parking Meter Technician II Pennit Services Processor Permit Services Supervisor Permit Services Technician 2019-2022 MOU City of Santa Ana & SEIU Full -Time Employees Unit Page 102 Planning Assistant Planning Commission Secretary Plumbing inspector Police Fiscal Officer Police Fiscal Services Supervisor Police Records Specialist Police Records Supervisor Police Systems Support Analyst Principal Librarian Principal Programmer Analyst Programmer Analyst Projects Manager Property Control Specialist Public Works Crew Leader Public Works Dispatcher Public Works Project Manager Public Works Projects Specialist Public Works Safety Coordinator Purchasing Assistant Purchasing Specialist Purchasing Supervisor Receptionist Records Specialist Recreation Leader Recreation Program Coordinator Reprographic Equipment Operator Residential Construction Specialist Revenue and Contract Compliance Auditor Revenue and Contract Compliance Examiner Revenue Processing Assistant Revenue Supervisor Sanitation Inspector I Sanitation Inspector II Secretary Security Electronics Technician Senior Accountant Senior Accounting Assistant Senior Accounting Assistant/Systems Technician Senior Building Inspector Senior Civil Engineer Senior Combination Building Inspector Senior Community Development Analyst 2019-2022 MOU City of Santa Ana & SEIU Full -Time Employees Unit Page 113ny `` Senior Community Planner Senior Construction Inspector Senior Correctional Records Specialist Senior Deputy Clerk of the Council Senior Electrical Inspector Senior Electrical Systems Specialist Senior Engineer Senior Fleet Services Supervisor Senior Grading Specialist Senior Housing Specialist Senior Land Surveyor Senior Librarian Senior Library Technician (T)* Senior Office Assistant Senior Office Specialist Senior Park Services Inspection Supervisor Senior Plan Check Engineer Senior Planner Senior Plumbing Inspector Senior Plumbing/Mechanical Systems Specialist Senior Police Records Specialist Senior Programmer Analyst Senior Receptionist Senior Residential Construction Specialist Senior Systems Administrator. Senior Traffic Engineer Senior Transportation Analyst Senior Water Services Supervisor Senior Water Systems Operator Stock Clerk Storekeeper Stores & City Yard Property Specialist Stormwater Coordinator Street Lighting Maintenance Worker Street Maintenance Supervisor Street Painter Supervising Accountant Supervising Buyer Supervising Library Services Assistant Supervising Park Ranger Survey Parry Chief Survey Party Technician I Survey Party Technician II 2019-2022 MOU City of Santa Ana & SEIU Full -Time Employees Unit Page 104 NP1� Systems Administrator Systems Support Analyst Systems Technician Telecommunications Coordinator Telecommunications Customer Service Representative Tenant Services Technician Treasury Services Specialist Treasury Services Supervisor Tree Maintenance Supervisor Tree Trimmer Utilities Billing/Systems Technician Utilities Customer Service Supervisor Video Technician Water Services Crew Leader Water Services Meter Repairer I Water Services Meter Repairer 11 Water Services Production Supervisor Water Services Quality Coordinator Water Services Quality Inspector Water Services Quality Supervisor Water Services Supervisor Water Services Utility Inspector Water Services Worker I Water Services Worker 11 Water Systems Electrician Water Systems Operator I Water Systems Operator H Water Systems Operator III Web Systems Technician Website Entry Specialist Work Center Coordinator Workforce Specialist I Workforce Specialist II Workforce Specialist III Workforce Specialist IV Youth Services Supervisor Youth Services Technician Zoo Animal Registrar Zoo Curator Zoo Curator of Education Zoo Education Specialist Zoo Keeper Aide Zoo Keeper 1' 2019-2022 MOU City of Santa Ana & SEIU Full -Time Employees Unit Page 105 h Zoo Keeper 11 Zoo Operations Coordinator * The (T) designates a terminal classification. A position classification that has been designated as terminal by formal City Council action will be deleted from the City's Basic Classification and Compensation Plan when vacated by its last remaining incumbent. No new appointments may be made to a classification that has been so assigned. 2019-2022 MOU City of Santa Ana & SEW Full -Time Employees Unit Page 106 (1